sanpark generic contract document

VOLUME 3

SOUTH AFRICAN NATIONAL PARKS

Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park.

CONTRACT NO: CI-GG-0017-1

TENDER DOCUMENT July 2018

ISSUED BY:

Mr Garret Kobe Manager: Supply Chain Management SOUTH AFRICAN NATIONAL PARKS P.O. BOX 787 PRETORIA 0001

NAME OF TENDERER: .......................................................

Contract number CI-GG-0017-1

Contractor Witness for Contractor

Employer Witness for Employer

Content of 172

Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park situated in

the north eastern Free-State

CONTRACT No. CI-GG-0017-1

CONTENTS

Number Heading Colour

THE TENDER

Part T1: Tendering procedure

T1.1 Tender Notice and Invitation to Tender White

T1.2 Tender Data Pink

Part T2: Returnable documents

T2.1 List Of Returnable Documents Yellow

T2.2 Returnable Schedules Yellow

THE CONTRACT

Part C1: Agreement and contract data

C1.1 Form of Offer and Acceptance (Including Schedule of Deviations)

Yellow

C1.2 Contract Data Yellow

C1.3 Form of Guarantee White

C1.4 OHS Mandatory Form White

C1.5 Declaration of Ownership of Unused Materials White

Part C2: Pricing data

C2.1 Pricing Instructions Yellow

C2.2 Activity Schedule / Bills of Quantities Yellow

Part C3: Scope of work

C3.1 Description of Works Blue

C3.2 Engineering Blue

C3.3 Procurement Blue

C3.4 Construction Blue

C3.5 Management Blue

C3.6 Annexes (Particular and Standardised Specifications) Blue

Part C4: Site information

C4 Site Information Green

VOLUME 4 Tender Drawings are bound separately A3

The Tenderer is required to check the numbers of pages and should any be found to be missing or duplicated, or should any of the typing be distinct, or any doubt or obscurity arise as to the meaning of any description or particular of any item, or if the Tender Document contains any obvious errors, then the Tenderer must immediately inform the Employer and have them rectified or explained in writing as the case may be. No liability whatsoever will be admitted by reason of the Tenderer having failure to comply with the foregoing instructions.




Content of 172

1: The Tender




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Part 1: Tendering procedures

Part T1: Tendering procedures




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REHABILITATION AND ROUTINE MAINTENANCE OF APPROXIMATELY 15KM OF SURFACED

ROADS WITHIN THE GOLDEN GATE HIGHLANDS NATIONAL


T1.1: Tender Notice and Invitation to Tender

The South African National Parks invites tenders for the Rehabilitation and Routine Maintenance of

approximately 15km of surfaced roads within the Golden Gate Highlands National Park situated in the

north eastern Free State.

The following tenderers who are registered with the CIDB, or are capable of being so registered prior to the

evaluation of submissions are eligible to submit tenders:

contractors who have a contractor grading designation equal to or higher than a contractor grading

designation determined in accordance with the sum tendered for 5CE class of construction work; and

Joint ventures are eligible to submit tenders provided that:

1. every member of the joint venture is registered with the CIDB;

2. the lead partner has a contractor grading designation in the 5CE class of construction work; and

3. the combined contractor grading designation calculated in accordance with the Construction Industry

Development Regulations is equal to or higher than a contractor grading designation determined in

accordance with the sum tendered for an 5CE class of construction work.

The following pre-qualification criterion for preferential procurement, Preferential Procurement

Regulations, 2017 applies to this tender:

Tenderer must have a minimum B-BBEE Level 2 status.

The tender will be evaluated on quality, and the following quality criteria are included:

a) Plant and Equipment (maximum 10 points)

b) Technical Expertise (maximum 10 points)

c) Road Rehabilitation, Construction and seal Experience (maximum 10 points)

A minimum score of 21 out of 30 points or 70% must be achieved for quality.

The physical address for collection of tender documents and site clarification meeting is:

Golden Gate Highlands National Park,

Gladstone Office Boardroom (which can be accessed off the R712 Lat: 28°30’12.91” S Long: 28°35’2.20”

E)

Full tender documents will ONLY be available at the compulsory clarification meeting.

A non-refundable tender deposit of R 200-00 payable in cash is required on collection of the tender documents.




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All Queries

Queries relating to the issue of these documents may be addressed to:

Mr Garret Kobe Tel No: (012) 426 5132

e-mail [email protected]

A compulsory clarification meeting with representatives of the Employer will take place at the Boardroom,

Golden Gate Highlands National Park, Gladstone Office Boardroom on 17 July 2018 starting 11:00 The

Tenderers shall inspect and examine the Site and its surroundings and shall satisfy themselves before

submitting their tender as to the form and nature of the Site, the quantities and nature of the work and materials

necessary for the completion of the Works and the means of access of the Site, the accommodation they may

require and in general shall themselves obtain all necessary information as to risk, contingencies and other

circumstances which may influence or affect their tender. The tenderers must be represented at the site

inspection by a person who is suitably qualified and experienced to comprehend the implications of the

work involved. Attendance of the site inspection is compulsory and a tender will be disqualified if the

site inspection is not attended by a representative of the tenderer.

The closing time for receipt of tenders is 07 August 2018 @ 11:00 hrs. Tenders in sealed envelopes marked

clearly with the identification details: “Tender for Contract: CI-GG-0017/1: REHABILITATION AND ROUTINE

MAINTENANCE OF APPROXIMATELY 15KM OF SURFACED ROADS WITHIN THE GOLDEN GATE

HIGHLANDS NATIONAL, must be deposited in the tender box situated at Golden Gate Highlands National

Park Management Offices, on or before the stated closing time.

Tenders may only be submitted on the tender documentation that is issued. Telegraphic, telephonic, telex,

facsimile and late tenders will not be accepted.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender

Data.

Contract number No CI-GG-0017-1



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Part T1: Tendering procedures Tender Data

REHABILITATION AND ROUTINE MAINTENANCE OF APPROXIMATELY 15KM OF SURFACED ROADS WITHIN THE GOLDEN GATE HIGHLANDS NATIONAL PARK.


T1.2: Tender Data

Clause number

Description

The conditions of tender are the Standard Conditions of Tender as contained in the SANS 10845-3:2015 Construction Procurement (Part 3). The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender.

Each item of the Tender Data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

3.1 The employer is the South African National Parks.

3.2 Add the following:

The following documents form part of this tender:

VOLUME 1 : The General Conditions of Contract for Construction Works, Third Edition, 2015, prepared

by the South African Institution of Civil Engineering (SAICE). This publication is available and tenderers must obtain copies at their own cost from the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail: [email protected].

VOLUME 2: The Standard Specifications for Road and Bridge Works for State Road Authorities

prepared by the Committee of Land Transport Officials (COLTO) South Africa 1988. This publication is available and tenderers must obtain copies at their own cost from the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail: [email protected].

Volumes 1 and 2 may also be inspected, by appointment, at the offices of the Employer’s agent during normal office hours.

The tender documents issued by the Employer comprise:

VOLUME 3: The Contract Document in which is bound:

The Tender Part T1: Tendering procedures

T1.1 Tender notice and invitation to tender T1.2 Tender data Part T2: Returnable Documents

T2.1 List of returnable documents T2.2 Returnable schedules

The Contract

Part C1: Agreements and Contract Data

C1.1 Form of offer and acceptance C1.2 Contract data C1.3 Form of Guarantee C1.4 OHS Mandatory Form C1.5 Declaration of Ownership of Unused Materials Part C2: Pricing Data

C2.1 Pricing Assumptions C2.2 Bills of Quantities Part C3: Scope of Work




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Clause number

Description

C3.1 Description of the Works C3.2 Engineering C3.3 Procurement C3.4 Construction C3.5 Management C3.6 Annexes Part C4: Site information

C4 Site information VOLUME 4: Drawings (listed in C3.2 Engineering)

Volume 3 is deemed the “Returnable Document” which must be returned to the Employer in terms of submitting a tender offer.

3.4 The Employer's agent is: Endecon Ubuntu (Pty) Ltd Engineering Consultants Central Office Park Building 6 257 Jean Avenue, Centurion 0157 Contact Person: Mr Barend Venter Tel No: 012 664 6770 Fax No: 012 664 6768 Cell No:079 510 8398

Electronic mail: [email protected]




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Clause number

Description

4.1 Eligibility criteria

Tender offers will only be accepted if: a) the tenderer is registered with the Construction Industry Development Board in an appropriate

contractor grading designation; b) the tenderer or any of its directors is not listed on the Register of Tender Defaulters in terms of the

Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;

c) the tenderer has not: i) abused the employer’s supply chain management system;

or ii) failed to perform on any previous contract and has been given a written notice to this effect

d) Has submitted the documentation listed in 4.13.4.

e) has completed the Compulsory Enterprise Questionnaire, SBD 1,4, 6.1, 8, 9 and the there are no

conflicts of interest which may impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process;

f) is not an unincorporated joint venture;

g) is registered in terms of the Companies Act, 2008 (Act 71 of 2008) or Close Corporation Act, 1984,

(Act No. 69 of 1984) or, if a partnership, has in place a partnership agreement that enables the partnership to continue to function in the event of a death or withdrawal of one of the partners;

h) has a minimum B-BBEE Level 2 Contribution status in terms of the Preferential Procurement Policy

framework Act, 2000: Preferential Procurement Regulations, 2017. i) is registered and in good standing with the Compensation Fund or with a licensed compensation

insurer; j) has achieved an evaluation score of 21 out of 30 (70%) for Quality included in the tender.

4.1 The following tenderers who are registered with the CIDB, or are capable of being so registered prior to the evaluation of submissions, are eligible to have their tenders evaluated: a) contractors who have a contractor grading designation equal to or higher than a contractor grading

designation determined in accordance with the sum tendered, or a value determined in accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations, for a 5CE class of

construction work; b) Joint ventures are eligible to submit tenders provided that:

i) every member of the joint venture is registered with the CIDB; ii) the lead partner has a contractor grading designation in the CE class of construction work; and

iii) the combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor grading designation determined in accordance with the sum tendered for 5CE class of construction work or a value determined in

accordance with Regulation 25 (1B) or 25(7A) of the Construction Industry Development Regulations.

4.2 Add the following to this Clause:

“Accept that the employer will not compensate the tenderer for any costs incurred in attending tender interviews in the office of the employer or the employer’s agent, if and when required.”

4.3 Delete the wording “… and notify the employer of any discrepancy …” and replace with:

“.....and notify the employer’s agent of any discrepancy.....”




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Clause number

Description

4.7 For particulars regarding the compulsory pre-tender clarification meeting (site inspection meeting), see Notice and Invitation to Tender T1.1

4.11 Add the following to this Clause:

“In order to correct any errors, or to make alterations, or in the event of a mistake having been made in the Pricing Data, it shall be neatly crossed out in non-erasable ink and all signatories to the tender offer shall initial such alterations.”

4.12 No alternative offers will be considered.

4.13.1 Tenderer to submit one tender offer. Parts of each tender offer communicated on paper shall be submitted as an original, plus Nil copies. Parts of each tender communicated electronically must be submitted in the same format as was issued by Employer.

4.13.4 The tenderer is required to submit with his tender:

1. Proof of Contractor Registration issued by the Construction Industry Development Board

2. An valid Tax Clearance Certificate issued by the South African Revenue Services.

3. A copy of Company Registration form

4. A copy of Joint Venture Agreement if applicable

5. A certified Letter of Good Standing from the Compensation Commissioner.

6. Letter of intent to provide a Construction Guarantee for the project.

7. An original and valid B-BBEE Status Level verification certificate.

8. National Treasury Central Supplier Database (CSD) Registration Report - Compulsory

4.13.5

The employer’s address for delivery of tender offers and identification details to be shown on each tender offer package are:

Location of tender box: Reception, Gladstone Office, Golden Gate Highlands National Park.

Physical address: Gladstone, Golden Gate Highlands National Park, Road R712 Clarens (28°30'12.3"S 28°34'59.4"E)

Identification details: Tender for Contract Number CI-GG-0017-10017-1: -Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park. CONTRACT NO: CI-GG-0017-1

4.13.6 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.

4.15 The closing time for submission of tender offers is as per Notice and Invitation to Tender T1.1.

4.16 The tender offer validity period is 90 calendar days.

4.19 The clarification meeting shall also serve as an inspection of the site and tenderers may only obtain further access to the site after written permission has been obtained from the Employer’s agent.

5.2 Should it be necessary for a bidder to obtain clarity on any matter arising from or referred to in this tender document, please refer queries, in writing, to the contact person listed below. Under no circumstances may any other employee within the SANParks be approached for any information. Any such action may result to disqualification of a response submitted in competition to the tender process. Enquiries should reference specific page and or paragraph numbers, where appropriate.

All questions/enquiries must be forwarded in writing not later than 31 July 2018 at 11:00.




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Clause number

Description

Questions/enquiries received after 11:00 on 31 July 2018 will not be considered.

Name: Mr Garret Kobe

Capacity: Manager: Supply Chain Management

Address: PO Box 787, PRETORIA, 0001

Tel: 012 426 5132

E-mail: [email protected]

5.4

The time and location for opening of the tender offers are:

11:00 on 07 August 2018 at the Gladstone Offices Boardroom of SANParks, Golden Gate Highlands National Park, Gladstone, Road R712 Clarens (28°30'12.3"S 28°34'59.4"E)

5.11.5 Evaluation of tender offers: The tenders will be evaluated on Method 4: Price Offer, Quality and Preferences

Formula: TEV = f1 (NFO + NP) + f2NQ

Where:

NFO is the number of tender evaluation points awarded for the financial offer made and the score

calculated as follows:

A= (1- (P- Pm)/Pm)

NP = Tender points awarded for preferences, claimed in accordance with the Preferencing Schedule. Quality: Price Ratio: 20:80 NQ = Number of tender evaluation points awarded for quality offered where W2 = 100. F1 = 80 f2 = 20 Evaluation: The employer shall: a) Determine and test each tender offer for responsiveness in accordance with the conditions of tender and tender data. All tenders submitted will first be pre-screened for compliance with the document submission requirements as detailed in Part T2.1 b) Check responsive tenders for arithmetical errors, omissions and discrepancies in accordance with the conditions of tender and tender data, c) Obtain clarification from a tenderer in accordance with the conditions of tender and tender data d) Evaluate responsive tenders in accordance with the conditions of tender and tender data




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Clause number

Description

5.11.8 Scoring preferences

Points will be awarded to a tender for attaining the B- BBEE status level of contributor in accordance with the table below: B-BBEE status level of contributor. A maximum of 20 points is allocated to preference.

B-BBEE Status Level of Contributor

Number of points (80/20 system)

1 20

2 18

3

Non-compliant

4

5

6

7

8

Non-compliant contributor

5.11.9 The quality criteria are as follows:

Tenderers are required to demonstrate their ability to undertake the work and provide proof of experience, expertise, personnel, plant and equipment to undertake work of this nature. Tenderers are required to score a minimum of 21 points out of a possible 30 points (i.e. 70 %) in order to

qualify for the tender. Tenderers who fail to meet the minimum threshold shall be declared non-responsive and subsequently rejected. The onus rests with the tenderer to supply sufficient information to allow for the proper scoring, evaluation and award of points. Where insufficient information is provided, zero points will be awarded for such particular criterion. Functionality points shall be awarded in accordance with the following provisions: a) Plant and Equipment (Maximum 10 points) Points will be awarded for Plant and Equipment owned or hired by tenderer within the six categories listed below and which must be available for the execution and completion of the work. Where the tenderer owns:

Up to 1 Water Carts (6 000 litre or larger) – 1 Point per water cart, maximum 1 point (NFU1)

Up to 4 No. Tipper (6 m3 truck capacity ) – ½ Point per tipper, maximum 2 points (NFU2)

Up to 1 No. Rotary Broom – 1 Point per broom, maximum 1 point (NFU3)

Up to 1 No. Chip Spreader – 1 Point per spreader, maximum 1 point (NFU4)

Up to 1 No. Double Drum Vibratory Rollers (Operating mass between 750kg and 1ton ) – 1 point per roller, maximum 1 point (NFU5)

Up to 1 No. Vibratory Compactor Roller (Operating mass 12 ton or larger) – 1 point per roller, maximum 1 point (NFU6)

Up to 1 No. Pneumatic roller(Operating mass 12 ton or larger) – 1 point per roller, maximum 1 point (NFU7)

Up to 1 No. Walk Behind Rollers (BW 90 or similar) – 1 point maximum (NFU8)

Up to 1No. Backhoe Loader (Operating mass 8 ton or larger) – 1 point maximum (NFU9)




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Clause number

Description

TENDERER TO SUPPLY A LIST OF PLANT AVAILABLE FOR FUNCTIONALITY EVALUATION. THE LIST SHOULD INCLUDE, BUT NOT LIMITED, TO THE FOLLOWING:

TYPE MAKE & MODEL REGISTRATION OWNERSHIP SIZE

Tipper Nissan 2013 KCC153GP Contractor owned

or Hired 8m³

b) Technical Expertise (Maximum 10 Points) Points will be awarded for Technical Expertise applicable to the key personnel and individual construction staff members within the three categories listed below and who must be available for the execution and completion of the work.

Contracts Manager who has a minimum of 5 years road construction/ rehabilitation experience - 4 points (NFU10)

Site Agent who has a minimum of 4 years road construction/ rehabilitation experience – 3 points (NFU11)

Site Foreman who has a minimum of 3 years road construction/ rehabilitation – 3 points (NFU12) Curriculum Vitae’s (CV’s) of the Contracts Manager, Site Agent and Site Foreman that will be employed on this contract must be submitted with the tender document. The various individuals must

be in the permanent employ of the tenderer to be awarded points. Should the key personnel not be available at the time of appointment for any reasonable reason, the Contractor will submit to the Client and Engineer, his proposed change in key personnel which will have to be approved. The Client and Engineer may on their discretion reject personnel proposed by the Contractor at such time. TENDERER TO SUBMIT CURRICULUM VITAE’S OF THE ABOVE STAFF FOR FUNCTIONALITY EVALUATION c) Road Rehabilitation, Construction and Seals Experience (Maximum 10 points) Points will be awarded for past and current experience in road and paving construction contracts. The tenderer shall indicate and declare their past track record in relation to surfaced road construction contracts. Points for contracts successfully completed or currently underway will be awarded as follows:

Contracts of value between R3 million and R5 million, inclusive of VAT – 1 point per contract, 4 points maximum (NFU13)

Contracts of value exceeding R5 million, inclusive of VAT – 2 points per contract, 6 points maximum (NFU14)

No points will be awarded for projects below R 3 million. TENDERER TO SUBMIT LIST OF PAST AND CURRENT PROJECTS FOR FUNCTIONALITY INFORMATION – INFORMATION MUST CLEARLY STATE WHETHER PAVED ROADS WERE PART OF THE CONTRACT. ALL OF THE ABOVE PROJECTS SHOULD HAVE TELEPHONIC CONTACT REFERENCES. THE REFERENCE SHOULD EITHER BE THE CLIENT OR THE PRINCIPAL CONSULTANT ON THE PROJECT. THE BIDDER MUST SUBMIT PRACTICAL COMPLETION CERTIFICATES AS SUPPORTING DOCUMENTATION. The summation of points awarded for the Functionality will be as follows: NFU = NFU1+ NFU2+ NFU3+ NFU4+ NFU5+ NFU6+ NFU7+ NFU8+ NFU9+ NFU10+ NFU11+NFU12+NFU13+NFU14

Tenderers obtaining 21 or more Eligibility Points will proceed for further evaluation of price and preference. During further evaluation the Employer shall evaluate the remaining responsive tenders using the tender evaluation method and associated evaluation criteria and weightings that are specified in the tender data




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Clause number

Description

under F.3.11.

5.13 Tender offers will only be accepted if: a) the tenderer is registered on the Central Supplier Database (CSD) for the South African government (

see https://secure.csd.gov.za/ ) unless it is a foreign supplier with no local registered entity b) the tenderer is in good standing with SARS according to the Central Supplier Database; c) the tenderer submits a letter of intent from an approved insurer undertaking to provide the Performance

Bond to the format included in Part C1.3 of this procurement document d) the tenderer is registered with the Construction Industry Development Board in an appropriate contractor

grading designation; e) the tenderer or any of its directors/shareholders is not listed on the Register of Tender Defaulters in

terms of the Prevention and Combating of Corrupt Activities Act of 2004 as a person prohibited from doing business with the public sector;

f) the tenderer has not: i) abused the Employer’s Supply Chain Management System; or ii) failed to perform on any previous contract and has been given a written notice to this effect; f) the tenderer has completed the Compulsory Declaration and there are no conflicts of interest which may

impact on the tenderer’s ability to perform the contract in the best interests of the employer or potentially compromise the tender process;

g) the tenderer is registered and in good standing with the compensation fund or with a licensed compensation insurer;

h) the employer is reasonably satisfied that the tenderer has in terms of the Construction Regulations, 2003, issued in terms of the Occupational Health and Safety Act, 1993, the necessary competencies and resources to carry out the work safely.

5.17 The number of paper copies of the signed contract to be provided by the Employer is one.

https://secure.csd.gov.za/




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Standard conditions of tender

The conditions of tender are the Standard Conditions of Tender as contained in SANS 10845-3:2015 Construction Procurement (Part 3), International Standard ISO 10845-3:2011

1 Scope This part of ISO 10845 sets out standard conditions of tender which a) Bind the employer and tenderer to behave in a particular manner, b) Establish what a tenderer is required to do in order to submit a compliant tender, c) Make known the evaluation criteria to tenderers, and d) Establish the manner in which the employer conducts the process of offer and acceptance and provide the necessary feedback to tenderers on the outcomes of the process. 2 Terms and definitions For the purposes of this document, the following terms and definitions apply. 2.1 Bill of Quantities document that lists the items of work and the quantities and rates associated with each item to allow contractors to be paid, at regular intervals, an amount equal to the agreed rate for the work multiplied by the quantity of work completed 2.2 Bond Sum of money or securities submitted to the employer or placed in the hands of a third party to guarantee completion of the work and recovery of the sums which the contractor would be recognized as owing under the terms of the contract 2.3 Comparative Offer Tenderer’s financial offer after all tendered parameters that can affect the value of the financial offer have been taken into consideration to enable comparisons to be made on a comparable basis 2.4 Conflict of Interest any situation in which someone in a position of trust has competing professional or personal interests which make it difficult for him to fulfil his duties impartially, an individual or organization is in a position to exploit a professional or official capacity in some way for his personal or for corporate benefit, or incompatibility or contradictory interests exist between an employee and the organization which employs that employee 2.5 Contract Data Document that identifies the applicable conditions of a contract and states the associated contract-specific data 2.6 Corrupt Practice Offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process 2.7 Employer Person or organization intending to or entering into a contract with the contractor for the provision of goods, services, or engineering and construction works 2.8 Form of Offer and Acceptance Document that formalizes the legal process of offer and acceptance




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2.9 Form of Securities Document that provides for the securities required by the employer 2.10 Fraudulent Practice Misrepresentation of the facts in order to influence the tender process, or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels. 2.11 Joint Venture Grouping of two or more contractors acting as one legal entity, where each is liable for the actions of the other 2.12 Organisation Company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body 2.13 Quality Totality of features and characteristics of a product or service that bears on the ability of the product or service to satisfy stated or implied needs 2.14 Returnable Document Document that a tenderer is required to complete and submit to the employer as part of his tender submission 2.15 Scope of Work Document that specifies and describes the goods, services, or engineering and construction works which are to be provided, and any other requirements and constraints relating to the manner in which the contract work is to be performed 2.16 Tender Data Document that establishes the tenderer's obligations in submitting a tender and the employer's undertakings in administering the tender process and evaluating tender offers 2.17 Tender Offer Written offer for the provision of goods, or to carry out a service or engineering and construction works under given conditions, usually at a stated price, and which is capable of acceptance and conversion into a binding contract 2.18 Tenderer Person or organization that submits a tender offer 3 General requirements 3.1 Actions The employer and each tenderer submitting a tender offer shall comply with the standard conditions of tender. In their dealings with each other, they shall discharge their duties and obligations, as set out in Clauses 4 and 5, in a timely manner and with integrity, behave equitably, honestly and transparently, comply with all legal obligations and not engage in anti-competitive practices. The employer and the tenderer, and all the agents and employees involved in the tender process, shall avoid conflicts of interest and, where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate. The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the




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capacity to proceed with the contract. NOTE 1 A conflict of interest can arise due to a conflict of roles which can provide an incentive for improper acts in some circumstances or positions. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in said circumstance or position, even if no improper acts result. NOTE 2 Conflicts of interest with respect to those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which can in any way affect any decisions taken. 3.2 Tender documents The documents issued by the employer for the purpose of a tender offer are listed in the tender data. 3.3 Interpretation The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of the standard conditions of tender in this part of ISO 10845. The standard conditions of tender contained in this part of ISO 10845, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender. 3.4 Communication and employer's agent Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be read, copied and recorded, and in the language stated in the tender data. The employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the employer's agent are stated in the tender data. 3.5 Employer's right to accept or reject any tender offer The employer may accept or reject any variation, deviation, tender offer, or alternative tender offer, and may cancel the tender process and reject all tender offers at any time before the formation of a contract. The employer shall not accept or incur any liability to a tenderer for such cancellation and rejection, but shall give written reasons for such action upon written request to do so. The employer may not, subsequent to the cancellation or abandonment of a tender process or the rejection of all responsive tender offers, re-issue a tender covering substantially the same scope of work within a period of six months unless only one tender was received and such tender was returned unopened to the tenderer. 3.6 Procurement procedures 3.6.1 General Unless otherwise stated in the tender data, a contract shall, subject to 5.13, be concluded with the tenderer who, in terms of 5.11, is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders. 3.6.2 Competitive negotiation procedure Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of 5.4, the employer shall only announce the names of the tenderers who make a submission. The requirements of 5.8, relating to the material deviations or qualifications which affect the competitive position of tenderers, shall not apply.




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All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of 4.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer's competitive position, provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect. At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer. The contract shall be awarded in accordance with the provisions of 5.11 and 5.13 after tenderers have been requested to submit their best and final offer. 3.6.3 Proposal procedure using the two-stage tendering system 3.6.3.1 Option 1 In the first stage, tenderers shall submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data. In the second stage, the employer shall negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of the standard conditions of tender. 3.6.3.2 Option 2 In the first stage, tenderers shall submit only technical proposals. In the second stage, the employer shall invite all responsive tenderers to submit tender offers, following the issuing of procurement documents. The employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of the standard conditions of tender in this part of ISO 10845. 4 Tenderer's obligations The tenderer shall comply with the following obligations. 4.1 Eligibility 4.1.1 Submit a tender offer Submit a tender offer only if the tenderer satisfies the eligibility criteria stated in the tender data and if the tenderer, or any of the tenderer's principals, is not under any restriction to do business with the employer. 4.1.2 Notify the employer Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer, and obtain the employer's written approval to do so before the closing time for tenders. 4.2 Cost of tendering




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Accept that, unless otherwise stated in the tender data, the employer does not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer comply with requirements. 4.3 Checking documents Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission. 4.4 Confidentiality and copyright of documents Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation. 4.5 Reference documents Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are incorporated into the tender documents by reference. 4.6 Acknowledging addenda Acknowledge receipt of addenda to the tender documents, which the employer may issue, and, if necessary, apply for an extension to the closing time stated in the tender data, in order to take the addenda into account. 4.7 Clarification meeting Attend, where required, a clarification meeting, the details of which are stated in the tender data, at which tenderers may familiarize themselves with aspects of the proposed work, services or supply, and raise questions. 4.8 Seeking clarification Unless otherwise notified in the tender data, request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data. 4.9 Insurance Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. 4.10 Pricing the tender offer Include in the rates, prices, and the tendered total of the prices (if any), all duties, taxes which the law requires to be paid [except value added tax (VAT)], and other levies payable by the successful tenderer, that are applicable 14 days before the closing time stated in the tender data. Show the VAT payable by the employer separately as an addition to the tendered total of the prices. Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data. State the rates and prices in monetary value of the contract unless otherwise instructed in the tender data. 4.11 Alterations to documents Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer or to correct errors made by the tenderer and ensure that all signatories to the tender offer




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initial all such alterations. Do not make erasures using masking fluid. 4.12 Alternative tender offers Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted, as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed. Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer. 4.13 Tender submissions 4.13.1 General submission requirements Submit one tender offer only, either as a single entity or as a member in a joint venture, to provide the whole of the works, services or supply identified in the draft contract, unless otherwise stated in the tender data. Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink. Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with a translation of any documentation in a language other than the language of communication established in 3.4, and b) the parts communicated electronically in the same format as they were issued by the employer. 4.13.2 Signatures Sign the original and all copies of the tender offer where required in terms of the tender data. State in the case of a joint venture which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer. NOTE: The employer holds all authorized signatories liable on behalf of the tenderer. 4.13.3 Tender securities Submit, as required as part of the tender submission, a tender security from a bank or insurer that is in a strong enough commercial position to carry such security in the name of the tenderer, or in the names of each of the members of a joint venture, in the amount, for the period and in the form specified in the tender data. 4.13.4 Inclusion of certificates Include in the tender submission, or provide the employer with, any certificates as stated in the tender data. 4.13.5 Sealing of documents Seal the original and each copy of the tender offer as separate packages, marking the packages as “ORIGINAL” and “COPY”. Unless otherwise specified in the tender data, seal the “ORIGINAL” and “COPY” packages in a single package and state on the outside of such package the employer's address and identification details specified in the tender data, as well as the tenderer's name and contact address. Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked “FINANCIAL PROPOSAL” and place the remaining returnable documents in an envelope marked “NON-FINANCIAL PROPOSAL”. State on the outside of each envelope the employer's address and identification details stated in the tender data, as well as the




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tenderer's name and contact address. Seal the original tender offer and copy packages together in an outer package that states, on the outside, only the employer's address and identification details as specified in the tender data. 4.13.6 Employer's acceptance of tender submissions Accept that the employer does not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated. Accept that the employer shall not accept tender offers submitted by telegraph, telex, facsimile or e-mail, unless otherwise stated in the tender data. 4.14 Information and data to be completed in all respects Accept that tender offers which do not provide all the data or information requested, completely and in the form required, may be regarded by the employer as being non-responsive. 4.15 Closing time Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Proof of posting shall not be accepted as proof of delivery. Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of the standard conditions of tender in this part of ISO 10845 apply equally to the extended deadline. 4.16 Tender offer validity 4.16.1 Period of validity Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data. If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period, with or without any conditions attached to such extension. Extend the period of the tender security, if any, to cover any agreed extension requested by the employer. 4.16.2 Withdrawal of tenders Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer's agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted. Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of 4.13 with the packages clearly marked as “SUBSTITUTE”. 4.17 Clarification of tender offer after submission Provide clarification of a tender offer during the evaluation of tender offers, in response to a request from the employer to do so. NOTE: Such clarifications can include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted. 4.18 Other material




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Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer's commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer's request, the employer may regard the tender offer as being non-responsive. Dispose of samples of materials provided for the employer's evaluation. 4.19 Inspections, tests and analysis Provide access during working hours to premises for inspections, tests and analysis, as provided for in the tender data. 4.20 Submitting securities, bonds, policies, etc. If requested, submit for the employer's acceptance before formation of the contract all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data. 4.21 Checking final draft Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract. 4.22 Returning other tender documents If so instructed by the employer, return all retained tender documents within 28 days of the expiry of the validity period stated in the tender data. 5 Employer's undertakings The employer shall carry out the following undertakings. 5.1 Responding to requests from the tenderer Unless otherwise notified in the tender data, respond to a request for clarification received up to five working days before the tender closing time stated in the tender data, and notify all tenderers who obtained procurement documents. Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to pre-qualify a tenderer to submit a tender offer in terms of a previous procurement process. Deny any such request if, as a consequence, a) An individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to comply with any of the collective or individual qualifying requirements, b) The new partners to a joint venture were not pre-qualified in the first instance, either as individual firms or as another joint venture, or c) In the opinion of the employer, acceptance of the material change would compromise the outcome of the pre-qualification process. 5.2 Issuing addenda




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If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until, unless otherwise notified in the tender data, three working days before the tender closing time stated in the tender data. If, as a result of the issuing of addenda, it is necessary to extend the closing time stated in the tender data, grant such extension and notify all respondents accordingly. 5.3 Returning late tender offers Return tender offers received after the closing time stated in the tender data unopened, unless it is necessary to open a tender submission to obtain a forwarding address to the tenderer concerned. 5.4 Opening of tender submissions Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers who choose to attend, at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted are not opened. Announce at the meeting held immediately after the receipt of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of the tenderer's prices, preferences claimed and time for completion, for the main tender offer only. Make available, upon request, to all interested persons the record of tender parameters that are announced in respect of each tender received. 5.5 Two-envelope system Where stated in the tender data that a two-envelope system has been followed, open only the non-financial proposal of valid tenders in the presence of tenderers' agents, who choose to attend, at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened. Evaluate the non-financial proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals are to be opened. Open only the financial proposals of tenderers who, in the quality evaluation score, have more than the minimum number of points for quality stated in the tender data, and announce the score obtained for the non-financial proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose non-financial proposals failed to achieve the minimum number of points for quality. 5.6 Non-disclosure Do not disclose to tenderers, or to any person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer. 5.7 Grounds for rejection and disqualification Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and said tenderer's offer) if it is established that the tenderer engaged in corrupt or fraudulent practices. 5.8 Test for responsiveness Determine, after opening and before detailed evaluation, whether each tender offer that was properly received a) Complies with the requirements of the standard conditions of tender in this part of ISO 10845,




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b) Has been properly and fully completed and signed, and c) Is responsive to the other requirements of the tender documents. A responsive tender is one that conforms to all the terms, conditions, and scope of work of the tender documents, without material deviation or qualification. A material deviation or qualification is one which, in the employer's opinion, would d) Detrimentally affect the scope, quality, or performance of the works, services or supply identified in the scope of work, e) Significantly change the employer's or the tenderer's risks and responsibilities under the contract, or f) Affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified. Reject a non-responsive tender offer, and do not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation. 5.9 Arithmetical errors, omission and discrepancies Check responsive tenders for discrepancies between amounts in words and amounts in figures. Where there is a discrepancy between the amounts in figures and the amount in words, the amount in words shall govern. Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with 5.11 for a) The gross misplacement of the decimal point in any unit rate, b) Omissions made in completing the pricing schedule or bill of quantities, or c) Arithmetical errors in 1) Line item totals resulting from the product of a unit rate and a quantity in bill of quantities or schedules of prices, or 2) The summation of the prices. Notify the tenderer of all errors or omissions that are identified in the tender offer and either confirm the tender offer as tendered or accept the corrected total of prices. Where the tenderer elects to confirm the tender offer as tendered, correct the errors as follows: d) If a bill of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected. e) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer shall be asked to revise selected item prices (and their rates if bill of quantities apply) to achieve the tendered total of the prices. Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of errors in the required manner. 5.10 Clarification of a tender offer




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Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer. 5.11 Evaluation of tender offers 5.11.1 General Appoint an evaluation panel to evaluate submissions. Ensure that not less than three persons evaluate quality in terms of 5.11.9. Reduce each responsive tender offer to a comparative offer and evaluate submissions using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data. 5.11.2 Method 1: Financial offer In the case of a financial offer a) Rank tender offers from the most favourable to the least favourable comparative offer, and b) Recommend the highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so. Re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest ranked tender, and recommend the highest ranked tenderer, unless there are compelling and justifiable reasons not to do so, in which case the process set out in this sub-clause shall be repeated. 5.11.3 Method 2: Financial offer and quality In the case of a financial offer and quality, a) Score each tender in respect of the financial offer made and quality offered in accordance with the provisions of 5.11.7 and 5.11.9, rejecting all tender offers that fail to score the minimum number of points for quality stated in the tender data, if any, b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula: TEV = NFO + NQ Where NFO is the number of tender evaluation points awarded for the financial offer made in accordance with 5.11.7; NQ is the number of tender evaluation points awarded for quality offered in accordance with 5.11.9, c) Rank tender offers from the highest number of tender evaluation points to the lowest, and d) Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so. Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so, in which case the process set out in this subclause shall be repeated. 5.11.4 Method 3: Financial offer and preferences




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In the case of a financial offer and preferences a) Score each tender in respect of the financial offer made and the preferences claimed, if any, in accordance with the provisions of 5.11.7 and 5.11.8, b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula: TEV = NFO + NP Where NFO is the number of tender evaluation points awarded for the financial offer made in accordance with 5.11.7; NP is the number of tender evaluation points awarded for preferences claimed in accordance with 5.11.8, c) Rank tender offers from the highest number of tender evaluation points to the lowest, and d) Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so. Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so, in which case the process set out in this subclause shall be repeated. 5.11.5 Method 4: Financial offer, quality and preferences In the case of a financial offer, quality and preferences Score each tender in respect of the financial offer made, the preference claimed, if any, and the quality offered in accordance with the provisions of 5.11.7 to 5.11.9, rejecting all tender offers that fail to score the minimum number of points for quality stated in the tender data, if any, b) Calculate the total number of tender evaluation points (TEV) in accordance with the following formula, unless otherwise stated in the tender data: TEV = NFO + NP + NQ Where NFO is the number of tender evaluation points awarded for the financial offer made in accordance with 5.11.7; NP is the number of tender evaluation points awarded for preferences claimed in accordance with 5.11.8; NQ is the number of tender evaluation points awarded for quality offered in accordance with 5.11.9, c) Rank tender offers from the highest number of tender evaluation points to the lowest, and d) Recommend the tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so. Rescore and re-rank all tenderers should there be compelling and justifiable reasons not to recommend the tenderer with the highest number of tender evaluation points, and recommend the tenderer with the highest number of tender evaluation points, unless there are compelling and justifiable reasons not to do so, in which




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case the process set out in this subclause shall be repeated. 5.11.6 Decimal places Score financial offers, preferences and quality, as relevant, to two decimal places. 5.11.7 Scoring financial offers Score the financial offers using the following formula: NFO = W1 × A Where NFO is the number of tender evaluation points awarded for the financial offer; W1 is the maximum possible number of tender evaluation points awarded for the financial offer as stated in the tender data; A is the number calculated using the relevant formula described in Table 1, as stated in the tender data. Table 1 — Formulae for calculating the value of Aa

Formula number Basis for comparison Formula 1 Highest price or discount P/Pm 2 Lowest price or percentage commission or

fee Pm/P

a Pm is the comparative offer of the most favourable comparative offer. P is the comparative offer of the tender offer under consideration.

5.11.8 Scoring preferences Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences. Calculate the total number of tender evaluation points for preferences (NP) claimed in accordance with the provisions of the tender data. 5.11.9 Scoring quality Score each of the criteria and sub-criteria for quality in accordance with the provisions of the tender data. Calculate the total number of tender evaluation points for quality (NQ) using the following formula: NQ = W2 × SO/MS Where W2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data; SO is the score for quality allocated to the submission under consideration; MS is the maximum possible score for quality in respect of a submission. 5.12 Insurance provided by the employer If requested by the proposed successful tenderer, submit, for the tenderer's information, the policies or certificates of insurance (or both) which the conditions of contract identified in the contract data require the




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employer to provide. 5.13 Acceptance of a tender offer Accept a tender offer should it be considered not to present any unacceptable commercial risk, only if the tenderer a) Is not under restrictions, or has principals who are under restrictions, preventing participation in the employer's procurement, b) Can, as necessary and in relation to the proposed contract, demonstrate the possession of the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and personnel, to perform the contract, c) Has the legal capacity to enter into the contract, d) Is not insolvent, in receivership, bankrupt or being liquidated, does not have affairs administered by a court or a judicial officer, does not have suspended business activities, or is subject to legal proceedings with respect to any of the foregoing, e) Complies with the legal requirements, if any, stated in the tender data, and f) Is able, in the opinion of the employer, to perform the contract free of conflicts of interest. 5.14 Preparing contract documents If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of a) Addenda issued during the tender period, b) Inclusion of some of the returnable documents, and c) Other revisions agreed between the employer and the successful tenderer during the process of offer and acceptance. Complete the schedule of deviations attached to the form of offer and acceptance, if any. 5.15 Completing adjudicator's contract Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete the formalities for appointing the selected adjudicator at the same time as the main contract is signed. 5.16 Notice to successful and unsuccessful tenderers Notify the successful tenderer of the employer's acceptance of the tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period. After the successful tenderer has been notified of the employer's acceptance of the tender, notify other tenderers that their tender offers have not been accepted. 5.17 Providing copies of the contracts Provide to the successful tenderer the number of copies stated in the tender data of the signed copy of the




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contract as soon as possible after completion and signing of the form of offer and acceptance. 5.18 Returning of tender securities Return tender securities to the successful tenderer and unsuccessful tenderers before the expiry period stated in the tender data or in the tender security. 5.19 Providing written reasons for actions taken Provide, upon request, written reasons to tenderers for any action that is taken in applying any of this part of ISO 10845, but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers and respondents or which might prejudice fair competition between tenderers.




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Part T2: Returnable documents

Part T2: Returnable Schedules




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Part T2: Returnable documents Resolution of Board of Directors/Members/Partners

Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park. CONTRACT NO: CI-GG-0017-1

T2.1: List of Returnable Documents

The complete tender document as received from the employer, together with all additional documentation as requested, must be submitted. No documentation must be removed from the tender document.

The tenderer must complete the following returnable documents:

1 Returnable Schedules required only for tender evaluation purposes

Resolution of board of directors / members / partners

Resolution of Board of Directors / Members / Sole Proprietor/ Partners of Partnership (if applicable)

Special Resolution of Joint Venture Partners

Compulsory Enterprise Questionnaire

Record of Addenda to Tender Documents

Proposed Amendments and Qualifications

Schedule of Subcontractors

Capacity of Tenderer

Site inspection certificate

Health and Safety Specification acknowledgement receipt

2 Other documents that must be submitted for tender evaluation purposes

Proof of Contractor Registration issued by the Construction Industry Development Board - Compulsory

An original and valid B-BBEE Status Level verification Certificate or certified copy there of

Proof of registration of Closed Corporation or Company or other legal entities applicable to tender - Certified copy

Letter of intent for a Construction Guarantee – Compulsory

National Treasury Central Supplier Database (CSD) Registration Report – Compulsory

Tax Clearance Certificate – Certified copy

3 Returnable Schedules that will be incorporated into the contract and are compulsory to be completed

Form SBD 1: Invitation to Bid

Form SBD 4: Declaration of Interest

Form SBD 6.1: Preference points claim form in terms of the preferential procurement regulations, 2017

Form SBD 8: Declaration of Bidder’s Past Supply Chain Management Practices

From SBD 9: Certificate of Independent Bid determination

4 Other documents that will be incorporated into the contract:

Health and Safety Specification for General Construction Activities.

Code of Conduct for outside organisations working in a National Park.

Environmental Management Plan for General Construction Activities.

5 C1.1 Offer and Acceptance (the offer portion of C1.1)

6 C1.2 Contract Data (Part 2)

7 C2.2 Bills of Quantities




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8 DOCUMENTATION FOR FUNCTIONALITY EVALUATION (CV’S, PLANT & EQUIPMENT LIST AND PREVIOUS CONTRACTS INFORMATION)

This returnable schedule needs to be completed if the tenderer is a company or other legal person.

Resolution of Board of Directors / Members / Partners RESOLUTION of a meeting of the Board of *Directors / Members / Partners of:

______________________________________________________________________________________ ______________________________________________________________________________________ (legally correct full name and registration number, if applicable, of the Enterprise) Held at ______________________________________________ (place)

On _________________________________________________ (date) RESOLVED that:

1. The Enterprise submits a Tender to the South African National Parks in respect of the following project:

___________________________________________________________________________________________

___________________________________________________________________________________________ (project description as per Tender Document)

Tender Number: ___________________________________________(Tender Number as per Tender Document)

2. *Mr/Mrs/Ms: ___________________________________________________________________________________

in *his/her Capacity as: : ____________________________________________________(Position in the Enterprise) and who will sign as follows: : ___________________________________________________________________

be, and is hereby, authorised to sign the Tender, and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any Contract, and any and all documentation, resulting from the award of the Tender to the Enterprise mentioned above.




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Name

Capacity Signature

1

2

3

4

5

6

NOTE: ENTERPRISE STAMP

1. * Delete which is not applicable 2. NB. This resolution must be signed by all the Directors /

Members / Partners of the Tendering Enterprise 3. Should the number of Directors / Members/Partners

exceed the space available above, additional names and signatures must be supplied on a separate page




Tender of 172 T2.2 Part T2: Returnable documents Resolution of Board of Directors / Members

/ Sole Proprietor/ Partners of Partnership

This returnable schedule needs to be completed if the tenderer is a joint venture. This form must be completed by each partner of the joint venture. The name of the principal partner must be stated under Point 2.

Resolution of Board of Directors / Members / Sole Proprietor/ Partners of Partnership (i.e. of each legal person to comprise the Joint Venture Partnership) RESOLUTION of a meeting of the Board of *Directors / Members / Sole Proprietor/ Partners of:

____________________________________________________________________________________________ ____________________________________________________________________________________________ (Legally correct full name and registration number, if applicable, of the Enterprise) Held at ______________________________________________ (place) On _________________________________________________ (date) RESOLVED that:

1. The Enterprise submits a Tender, in Joint Venture with the following Enterprises:

_________________________________________________________________________________________

_________________________________________________________________________________________

(List all the legally correct full names and registration numbers, if applicable, of the Enterprises forming the Joint Venture)

to the South African National Parks in respect of the following project:

_________________________________________________________________________________________ _________________________________________________________________________________________ (Project description as per Tender Document)

Tender Number: _______________________________________________(Tender Number as per Tender Document)

2. The Principal Partner of the Joint Venture will be

_________________________________________________________________________________________ _________________________________________________________________________________________ (Legally correct full name and registration number, if applicable, of the Principal Partner of Joint Venture)

3. *Mr/Mrs/Ms: ______________________________________________________________________________________

in *his/her Capacity as: ____________________________________________________(Position in the Enterprise)

and who will sign as follows: _____________________________________________________________________ be, and is hereby, authorised to sign a joint venture agreement with the parties listed under item 1 above, and any and all other documents and/or correspondence in connection with and relating to the joint venture, in respect of the project described under item 1 above.

4. The Enterprise accepts joint and several liability with the parties listed under item 1 above for the due fulfilment of the

obligations of the joint venture deriving from, and in any way connected with, the Contract to be entered into with the South African National Parks in respect of the project described under item 1 above.




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/ Sole Proprietor/ Partners of Partnership

5. The Enterprise chooses as its domicilium citandi et executandi for all purposes arising from this joint venture agreement and the Contract with the South African National Parks in respect of the project under item 1 above:

Physical address: _______________________________ _______________________________

_______________________________ _______________________________ (code) Postal Address: _______________________________ _______________________________

_______________________________ _______________________________ (code)

Telephone number: _______________________________ (code) Fax number: _______________________________ (code)

Name

Capacity Signature

1

2

3

4

5

6

7

8

9

10

NOTE: ENTERPRISE STAMP

1. * Delete which is not applicable 2. NB. This resolution must be signed by all the

Directors / Members / Partners of the Bidding Enterprise

3. Should the number of Directors /

Members/Partners exceed the space available above, additional names and signatures must be supplied on a separate page




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Part T2: Returnable documents Special Resolution of Joint Venture Partners

This returnable schedule needs to be completed if the tenderer is a joint venture.

Special Resolution of Joint Venture Partners RESOLUTION of a meeting of the duly authorised representatives of the following legal entities who have entered into a

joint venture to jointly tender for the project mentioned below: (legally correct full names and registration numbers, if applicable, of the Enterprises forming a Joint venture) 6. _____________________________________________________________________________________________

_____________________________________________________________________________________________

7. _____________________________________________________________________________________________

_____________________________________________________________________________________________

8. _____________________________________________________________________________________________

_____________________________________________________________________________________________

9. _____________________________________________________________________________________________

_____________________________________________________________________________________________

10. _____________________________________________________________________________________________

_____________________________________________________________________________________________

11. _____________________________________________________________________________________________

_____________________________________________________________________________________________

12. _____________________________________________________________________________________________

_____________________________________________________________________________________________

13. _____________________________________________________________________________________________

_____________________________________________________________________________________________

Held at ______________________________________________ (place) On _________________________________________________ (date)




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RESOLVED that:

A. The above-mentioned Enterprises submit a tender in joint venture partnership to the South African National Parks in

respect of the following project: _______________________________________________________________________________________________ _______________________________________________________________________________________________ (Project description as per Tender Document)

Tender Number: __________________________________________(Tender Number as per Tender Document)

B. Mr/Mrs/Ms: __________________________________________________________________________________ in *his/her Capacity as: __________________________________________(Position in the Enterprise) and who will sign as follows: _____________________________________________________________________ be, and is hereby, authorised to sign the Tender, and any and all other documents and/or correspondence in connection with and relating to the Tender, as well as to sign any Contract, and any and all documentation, resulting from the award of the Tender to the Enterprises in joint venture mentioned above.

C. The Enterprises constituting the Joint Venture, notwithstanding its composition, shall conduct all business under the name and style of: __________________________________________

D. The Enterprises to the Joint Venture accept joint and several liability for the due fulfilment of the obligations of the Joint

Venture deriving from, and in any way connected with, the contract entered into with the South African National Parks in respect of the project described under item A above.

E. Any of the Enterprises to the Joint Venture intending to terminate the Joint Venture agreement, for whatever reason,

shall give the South African National Parks 30 day’s written notice of such intention. Notwithstanding such decision to terminate, the Enterprises shall remain jointly and severally liable to the South African National Parks for the due fulfilment of the obligations of the Joint Venture as mentioned under item D above.

F. No Enterprise to the Joint Venture shall, without the prior written consent of the other Enterprises to the Joint Venture

and of the South African National Parks, cede any of its rights or assign any of its obligations under the Joint Venture agreement in relation to the contract with the South African National Parks referred to herein.

G. The Enterprises choose as the domicilium citandi et executandi of the Joint Venture for all purposes arising from the

Joint Venture agreement and the contract with the South African National Parks in respect of the project under item A above:

Physical address: _______________________________ _______________________________

_______________________________ _________________________ (code) Postal Address: _______________________________ _______________________________

_______________________________ _________________________ (code)

Telephone number: _________________________ (code)




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Fax number: ______________________________ (code)

Name

Capacity Signature

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Note:

1. * Delete which is not applicable 2. NB. This resolution must be signed by all the Duly Authorised Representatives of the Legal Entities to the Joint Venture submitting

this Tender 3. Should the number of Duly Authorised Representatives of the Legal Entities joining forces in this Tender exceed the space available

above, additional names and signatures must be supplied on a separate page 4. Resolutions, duly completed and signed, from the separate Enterprises who participate in this Joint venture must be attached to the

Special Resolution

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Compulsory Enterprise Questionnaire

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3: CIDB registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

Name* Identity number* Personal income tax number*

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6: Record in the service of the state

Indicate by marking the relevant boxes with a cross, if any sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months in the service of any of the following:

o a member of any municipal council o an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

o a member of any provincial legislature o a member of an accounting authority of any national

or provincial public entity

o a member of the National Assembly or the National Council of Province

o an employee of Parliament or a provincial legislature

o a member of the board of directors of any municipal entity

o an employee, director or board member of or otherwise employed by or contracted to the South African National Parks, or had or has any contractual relationships of any kind with the South African National Parks.

o an official of any municipality or municipal entity

If any of the above boxes are marked, disclose the following:

Name of sole proprietor, partner, director, manager, principal shareholder or stakeholder

Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

Current Within last 12 months

Contract number: CI-GG-0017-

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* insert separate page if necessary

Section 7: Record of spouses, children and parents in the service of the state

Indicate by marking the relevant boxes with a cross, if any spouse, child or parent of a sole proprietor, partner in a partnership or director, manager, principal shareholder or stakeholder in a company or close corporation is currently or has been within the last 12 months been in the service of any of the following:

□ a member of any municipal council □ an employee of any provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act 1 of 1999)

□ a member of any provincial legislature □ a member of an accounting authority of any national or provincial public entity

□ a member of the National Assembly or the National Council of Province

□ an employee of Parliament or a provincial legislature

□ a member of the board of directors of any municipal entity

□ an employee, director or board member of or otherwise employed by or contracted to the South African National Parks, or had or has any contractual relationships of any kind with the South African National Parks.

□ an official of any municipality or municipal entity

Name of spouse, child or parent Name of institution, public office, board or organ of state and position held

Status of service (tick appropriate column)

Current Within last 12 months

*insert separate page if necessary

The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:


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i) Authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services that my /

our tax matters are in order;

ii) Confirms that the neither the name of the enterprise or the name of any partner, manager, director or other

person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of

Tender Defaulters established in terms of the Prevention and Combating of Corrupt Activities Act of 2004;

iii) Confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise,

control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

iv) Confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender

offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of

work that could cause or be interpreted as a conflict of interest; and

iv) Confirms that the contents of this questionnaire are within my personal knowledge and are to the best of my

belief both true and correct.

Name Position Signed

Name of Tenderer Date


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CONTRACT NO: CI-GG-0017-1 Record of Addenda to tender documents

I / We confirm that the following communications received from the South African National Parks before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer: (Attach additional pages if more space is required)

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.




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Proposed Amendments and Qualifications

The Tenderer should record any deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule.

Page Clause or item Proposal



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Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park. CONTRACT NO: CI-GG-0017-1

Capacity of Tenderer

1. WORK CAPACITY (The Tenderer is requested to furnish the following full particulars, attach additional pages if more space is required. Failure to furnish the particulars may result in

the Tender being disregarded.)

Skilled artisans employed Unskilled employees employed

Categories of artisans Number Categories of employees Number

Machinery Plant Workshops


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1. QUALIFICATIONS AND EXPERIENCE OF PROPOSED SITE SUPERVISION TEAM FOR THE PROJECT

Tenderer to provide name(s), key qualifications and experience of site supervision team that will supervise the project on behalf of the Contractor.


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2. PARTICULARS OF COMMITMENTS WHICH THE TENDERER HAS PREVIOUSLY COMPLETED AND PRESENTLY ENGAGED WITH:

2.1. Current projects (please attached letters of appointment/ intent):

Project Place (town) Reference / Contact person

Contact Tel. No.

Contract amount

Contract period

Date of commencement

Scheduled date of completion

1

2

3

4

5

6

7

8

9

10


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2.2. Previous projects (please attached Certificates of Practical Completion):

Project Place (town)

Reference / Contact person

Contact Tel. No.

Contract amount

Contract period

Date of commencement

Scheduled date of completion

Actual date of completion

1

2

3

4

5

6

7

8

9

10


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Contract number No. CI-GG-0017-1



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Part T2: Returnable documents Form SBD 4 Declaration of interest



Site Inspection Certificate

This is to certify that I,

Representing

Company

Position

Visited the site on

I have made myself familiar with all local conditions likely to influence the work and the cost thereof. I further certify that I am satisfied with the description of the work and explanations given at the site inspection meeting and that I understand perfectly the work to be done, as specified and implied, in the execution of this contract.

Name Tenderer’s Representative Position Signed


Name of Employer’s Representative Signature Date




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HEALTH AND SAFETY SPECIFICATION ACKNOWLEDGEMENT RECEIPT

Contractor's Acknowledgement:

I, representing

( Contractors), have satisfied

myself with the content of this Health and Safety Specification and have made the relevant provision

under my Preliminary & General Section C6 for any and all costs involved to ensure compliance of

this Specification and shall we be the successful contractor, we shall ensure that our employees

and contractors on site comply with the requirements of these documents, our safety documentation

and health and safety legislation

.

Signature of Contractor Date

Comments:




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SBD1

PART A INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE SOUTH AFRICA NATIONAL PARKS

BID NUMBER: CI-GG-0017-1 CLOSING DATE: 07 August 2018 CLOSING TIME: 11h00

DESCRIPTION Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park.

BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

Reception, Gladstone Office

Golden Gate Highlands National Park

Road 712 (19km from Clarens)

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:

CONTACT PERSON G Kobe CONTACT PERSON JAW Jacobs

TELEPHONE NUMBER

012 426 5132 TELEPHONE NUMBER

021 900 9062

FACSIMILE NUMBER FACSIMILE NUMBER

E-MAIL ADDRESS [email protected] E-MAIL ADDRESS [email protected]

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

SUPPLIER COMPLIANCE STATUS

TAX COMPLIANCE SYSTEM PIN:

OR

CENTRAL SUPPLIER DATABASE No: MAAA

B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE

TICK APPLICABLE BOX]

Yes No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

[TICK APPLICABLE BOX]

Yes No

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]

ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES, ANSWER PART B:3 ]

QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO




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DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO

DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.

PART B

TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION:

1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.

1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE MANNER PRESCRIBED IN THE BID DOCUMENT.

1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.

1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).

2. TAX COMPLIANCE REQUIREMENTS

2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.

2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.”

NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID

INVALID.

SIGNATURE OF BIDDER: …………………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED: …………………………………………… (Proof of authority must be submitted e.g. company resolution) DATE: ………

http://www.sars.gov.za/




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SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the

state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

o the bidder is employed by the state; and/or

o the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is

involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

2.1 Full Name of bidder or his or her

representative: ………………………………………………………….............

2.2

Identity Number:

………………………………………………………….............

2.3 Position occupied in the Company (director, trustee, shareholder², member):

…………………………………………………………………...

2.4 Registration Number of company, enterprise, close corporation, partnership agreement or trust:

…………………………………………………………………...

2.5 Tax Reference Number: .............................................................................................

2.6 VAT Registration Number: …………………………………………………………………...

2.6.1 The names of all directors / trustees / shareholders / members, and their individual identity numbers, tax reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below.

2.7 Are you or any person connected with the bidder presently employed by the state?

YES / NO

2.7.1 If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member:

………………………………………………….

Name of state institution at which you or the person connected to the bidder is employed:

………………………………………………….

Position occupied in the state institution:

………………………………………………….

Any other particulars:

………………………………………………………………………………………………

……………………………………………………………………………………………...

………………………………………………………………………………………………




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2.7.2 If you are presently employed by the state, did you obtain the appropriate authority to undertake remunerative work outside employment in the public sector?

YES / NO

2.7.2.1 If yes, did you attach proof of such authority to the bid document? Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

YES / NO

2.7.2.2 If no, furnish reasons for non-submission of such proof:

………………………………………………………………………………………………

……………………………………………………………………………………………...

………………………………………………………………………………………………

2.8 Did you or your spouse, or any of the company’s directors / trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

YES / NO

2.8.1 If so, furnish particulars:

………………………………………………………………………………………………

……………………………………………………………………………………………...

………………………………………………………………………………………………

2.9 Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

YES / NO


………………………………………………………………………………………………

……………………………………………………………………………………………...

………………………………………………………………………………………………

2.10 Are you, or any person connected with the bidder, aware of any relationship (family, friend, other) between the bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

YES / NO


………………………………………………………………………………………………

……………………………………………………………………………………………...

………………………………………………………………………………………………

2.11 Do you or any of the directors / trustees /shareholders/ members of the company have any interest in any other related companies whether or not they are bidding for this contract?

YES / NO


………………………………………………………………………………………………

……………………………………………………………………………………………...

………………………………………………………………………………………………




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3 Full details of directors / trustees / members / shareholders.

Full Name Identity Number Personal Income Tax Reference Number

State Employee Number / Persal Number

4 DECLARATION

I, THE UNDERSIGNED (NAME)…………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 AND 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

…………………………………………. …....………………………………… Signature Date …………………………………………. ……………………………………… Position Name of bidder




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Part T2: Returnable documents Form SBD 6.1 Preference points claim

SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included)

1.2 a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; or

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR 20

Total points for Price and B-BBEE must not exceed 100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);




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(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

A maximum of 80 points is allocated for price on the following basis: 80/20

min

min180

P

PPtPs

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points

(80/20 system)

1 20

2 18

3 disqualified

4 disqualified

5 disqualified

6 disqualified

7 disqualified

8 disqualified

Non-compliant contributor disqualified




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5. BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………% ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................…………….. iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box)

YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned by:

EME

√

QSE

√

Black people

Black people who are youth

Black people who are women

Black people with disabilities

Black people living in rural or underdeveloped areas or townships

Cooperative owned by black people

Black people who are military veterans

OR

Any EME

Any QSE




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8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of company/firm:…………………………………………………………………………….

8.2 VAT registration number:……………………………………….…………………………………

8.3 Company registration number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium

One person business/sole propriety

Close corporation

Company

(Pty) Limited [TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

…………………………………………………………..

8.6 COMPANY CLASSIFICATION

Manufacturer

Supplier

Professional service provider

Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:……………………………

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the B-BBE status level of contributor indicated in paragraphs 1.4 and

6.1 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we

acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that person’s conduct;




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(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES 1. ……………………………………..

2. …………………………………….




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Part T2: Returnable documents Form SBD 8 Declaration of SCM Practices

SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods and services are

being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item Question Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445.

Yes

No


4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No

http://www.treasury.gov.za/




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Part T2: Returnable documents Form SBD 8 Declaration of SCM Practices


CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………………... ………………………….. Signature Date ………………………………………. ………………………….. Position Name of Bidder




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Part T2: Returnable documents Form SBD 9 Independent Bid Determination

SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a per se prohibition meaning that it cannot be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all

reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution’s

supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier committed any

corrupt or fraudulent act during the bidding process or the execution of that contract. 4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when

bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be

completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bids and proposals. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.




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CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid:

___________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

___________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:___________________________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the word “competitor” shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation; (b) could potentially submit a bid in response to this bid invitation, based on their qualifications,

abilities or experience; and (c) provides the same goods and services as the bidder and/or is in the same line of business as

the bidder

6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: (a) prices; (b) geographical area where product or service will be rendered (market allocation) (c) methods, factors or formulas used to calculate prices; (d) the intention or decision to submit or not to submit, a bid; (e) the submission of a bid which does not meet the specifications and conditions of the bid; or (f) bidding with the intention not to win the bid.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.




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8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract.

10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder




of 172

2: The Contract




Contract

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Contract

of 172 C1.1

Part C1: Agreement and contract data Form of offer and acceptance



C1.1 Form of Offer and Acceptance

Offer The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of:

CONTRACT Error! Reference source not found.: Error! Reference source not found.

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender. By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data. THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rand (in words);

R .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (in figures) This offer may be accepted by the employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this form of offer to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in the conditions of contract identified in the contract data. Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the tenderer

(Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

address of

organization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . .




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Acceptance

By signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s offer. In consideration thereof, the employer shall pay the contractor the amount due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement. The terms of the contract, are contained in:

Part C1: Agreements and contract data, (which includes this agreement) Part C2: Pricing data Part C3: Scope of work. Part C4: Site information

and drawings and documents or parts thereof, which may be incorporated by reference into Parts 1 to 4 above. Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the tender schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this agreement. No amendments to or deviations from said documents are valid unless contained in this schedule. The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement. Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one signed and fully completed Form of Offer and Acceptance, including the schedule of deviations (if any). Unless the tenderer (now contractor) within five working days of the date of such receipt notifies the employer in writing of any reason why he

cannot accept the contents of this agreement, this agreement shall constitute a binding contract between the parties.

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the Employer The South African National Parks

643 Leyds Street Muckleneuk 0002.

Name and Signature ……………………………………………. of witness …………………………………………….

Date ………………………………………………




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of 172 C1.1


Schedule of Deviations Notes

1. The extent of deviations from the tender documents issued by the employer before the tender closing date is limited to those permitted in terms of the conditions of tender.

2. A tenderer’s covering letter shall not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid, be the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here.

3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents, and which it is agreed by the Parties becomes an obligation of the contract, shall also be recorded here.

4. Any change or addition to the tender documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of the contract.

1 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By the duly authorised representatives signing this agreement, the employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the tender schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance. It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.




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For the Tenderer: Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Address of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the Employer: Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name and The South African National Parks address of organization)

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




Contract

of 172 C1.1


Confirmation of Receipt

The Tenderer, (now Contractor), identified in the Offer part of this Agreement hereby confirms receipt from the Employer, identified in the Acceptance part of this Agreement, of one fully completed original copy of this agreement, including the Schedule of Deviations (if any) today: the.........................................................................................................(day) of ..........................................................................................................(month) 20....................(year) at ........................................................................................................... (place) For the Contractor:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature and name of witness: Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




Contract

of 172 C1.3

Part C1: Agreement and Contract Data Contract Data



C1.2 Contract Data Part 1: Contract Data provided by the Employer

The General Conditions of Contract for Construction Works, Third Edition,(2015) published by the South African Institution of Civil Engineering is applicable to this Contract. Copies of these Conditions of Contract may be obtained from the South African Institution of Civil Engineering (Tel 011-805 5947).

The General Conditions of Contract make several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the General Conditions of Contract.

Each item of data given below is cross-referenced to the clause in the General Conditions of Contract for Construction Works, Third Edition, 2015, to which it mainly applies. The variations to the General Conditions of Contract are:

CLAUSE DESCRIPTION / WORDING

1.1 Add the following new definitions at the end of the Clause 1.1:

1.1.25 “ Conditions of Contract” mean the General Conditions of Contract as amended in the Contract Data.

1.1.26 “Schedule of Documents” means the documents so designated in and forming part of the Quotation Documents.”

1.1.1.13 The Defects Liability Period is 12 months

1.1.1.14 The time for achieving Practical Completion is 4 (four) months, excluding the 14 day period referred

to in Clause 5.3.1 below, and inclusive of non-working days referred to in Clause 5.8.1 below, but exclusive of special non-working days (Clause 5.8.1).

1.1.1.15 & 1.2.1.2

The Employer is the Chief Executive Officer, South African National Parks and the judicial manager shall be the Parks Division’s General Manager: Infrastructure & Special Projects.

The Employer’s address for receipt of communications and notices is:

Physical address:

South African National Parks The General Manager: Infrastructure & Special Projects. 643 Leyds Street Muckleneuk Pretoria 0002 Postal Address:

PO Box 787 Pretoria 0001 Telephone: (012) 426 5126 Facsimile: (012) 343 4666

1.1.1.16 & 1.2.1.2

The Engineer is Endecon Ubuntu Pty Ltd. The Engineer’s address for receipt of communications and notices is:




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Physical address:

Endecon Ubuntu (Pty) Ltd Engineering Consultants Central Office Park Building 6 257 Jean Avenue, Centurion 0157 Contact Person: Mr Barend Venter

Tel No: 012 664 6770 Fax No: 012 664 6768 Cell No: 079 510 8398 Electronic mail: [email protected]

4.3 Add the following new Clause after Clause 4.3.2:

"4.3.3 The Employer and the Contractor hereby agree, in terms of the provisions of Section 37(2) of the Occupational Health and Safety Amendment Act, 1993 (Act 85 of 1993), hereinafter referred to as 'the Act', that the following arrangements and procedures shall apply between them to ensure compliance by the Contractor with the provisions of the Act:

(i) The Contractor undertakes to acquaint the appropriate officials and employees of the

Contractor with all relevant provisions of the Act and the Regulations promulgated in terms of the Act.

(ii) The Contractor undertakes that all relevant duties, obligations and prohibitions imposed in

terms of the Act and Regulations on the Contractor will be fully complied with. The Contractor accepts sole liability for such due compliance with the relevant duties, obligations and prohibitions imposed by the Act and Regulations and expressly absolves the Employer from himself being obliged to comply with any of the aforesaid duties, obligations and prohibitions, with the exception of such duties, obligations and prohibitions expressly assigned to the Employer in terms of the Act and its associated Regulations.

(iii) The Contractor agrees that any duly authorised officials of the Employer shall be entitled,

although not obliged, to take such steps as may be necessary to monitor that the Contractor has conformed to his undertakings as described in paragraphs (i) and (ii) above, which steps may include, but will not be limited to, the right to inspect any appropriate site or premises occupied by the Contractor, or any appropriate records or safety plans held by the Contractor.

(iv) The Contractor shall be obliged to report forthwith to the Employer and Engineer any

investigation, complaint or criminal charge which may arise as a consequence of the provisions of the Act and Regulations, pursuant to work performed in terms of this Contract, and shall, on written demand, provide full details in writing, to the Employer and Engineer, of such investigation, complaint or criminal charge.

4.3.4 The Contractor shall furthermore, in compliance with Construction Regulations 2014 to the Act:

(i) Acquaint himself with the requirements of the Employer’s health and safety specification as

laid down in Regulation 4(1) (a) of the Construction Regulation 2014, and prepare a suitably and sufficiently documented health and safety plan as contemplated in Regulation 5(1) of the Construction Regulations 2014 for approval by the Employer or his assigned agent. The Contractor's health and safety plan and risk assessment shall be submitted to the Employer for approval within seven (7) days after the Commencement Date and shall be implemented and maintained from the Commencement of the Works.




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(ii) The Employer, or his assigned agent, reserves the right to conduct periodic audits, as contemplated in the Construction Regulations 2014, to ensure that the Contractor is compliant in respect of his obligations. Failure by the Contractor to comply with the requirements of these Regulations shall entitle the Engineer, at the request of the Employer or his agent, to suspend all or any part of the Works, with no recourse whatsoever by the Contractor for any damages incurred as a result of such suspension, until such time that the Employer or his agents are satisfied that the issues in which the Contractor has been in default have been rectified."

4.3 Add the following new Clause 4.3.3

"With regard to the Compensation for Occupational Injuries and Diseases Act (Act no. 130 of 1993), where applicable, the Contractor shall before commencement of the Works deliver to the Employer a letter, either

(a) from his insurance company certifying that the Contractor has effected insurance with the company for the full extent of his potential liability in respect of all workmen employed by him on the contract and undertaking to notify the Employer of the expiry date of the policy at least one calendar month before such date, or (b) from the Compensation Commissioner certifying that the Contractor has complied with the requirements of the above-mentioned Act and is at present in good standing with the Compensation Fund."

4.11.1 Replace the first paragraph of Clause 4.11.1 with the following:

"The Contractor shall employ on for the purposes of the Contract, only such persons as are careful, competent and efficient in their several trades and callings."

5.3.1 The Contractor shall commence executing the Works within Fourteen (14) days after the Commencement Date.

The documentation required before commencement with Works execution is: a) Approved Health and Safety Plan (refer to Clause 4.3) b) Initial programme (refer to Clause 5.6) c) Security (refer to Clause 6.2) d) Insurance (refer to Clause 8.6) e) OHS Mandatory Form (Part C.1.4 in Agreements and Contract Data) f) Letter of good standing from the Compensation Commissioner, or a licenced compensation insurer (refer to Clause 4.3) g) Approved Quality Assurance Plan

5.4.1 Between the wording "… Site," and "the location …." in the second line, add the following:

"subject to the Contractor having an approved project specific health and safety plan in terms of the Occupational Health and Safety Act 1993: Construction Regulations 2014 and complied with the initial requirements thereof,"

5.6.1 The Contractor shall deliver his Approved Works programme within Fourteen (14) days after the Commencement Date.

5.8 Delete the words “between sunrise and sunset” in the first line and replace with “within normal working hours”.

Add the following:

“Normal working hours shall be between 06h00 and18h00 (season dependant) on weekdays from Monday to Friday and from 07h00 until 13h00 on Saturdays. Note that the parks access gates are locked after hours and the Contractor shall make provision for transporting his staff off site in good time. The park seasonal hours are; Winter: April - September 07:00 - 17:00




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Summer: October - March 06:00 - 18:00

5.8.1 The special non-working days are all the applicable public holidays as well as the year-end break.

5.12.2.2 Add the following to Clause 5.12.2.:

The time period specified as the time for completion includes allowances for delays and days on which it is expected that work, on the critical path items of the Works, would be prevented due to normal weather conditions such as wind, rainfall or the subsequent waterlogged condition.

Based on average weather conditions of wind, rain and sunshine the allowances are actual and consequential delays shall be as follows:

2 working days per month for the months of October to May

4 working days per month for the months of June to September

If the Contractor has been prevented by these weather conditions from working on the critical path items of the Works, then he must notify the Engineer in writing. The submission shall be made within five calendar days of the resumption of work. The Engineer shall upon considering all the relevant factors determine the extension of time to be granted on the basis that an extension of time to the Contract will only be granted if the total number of days upon which work on the critical items was prevented, exceeds the total number of days calculated in terms of the above allowance and considering the official contract period as a whole. The tendered sums of the appropriate time-related items shall be increased to take account of the extensions of time granted.

5.13.1 The penalty for failing to complete the Works is R 3,000 per calendar day.

5.16.3 The latent defects period is 5 years

6.2.1 The security to be provided by the Contractor shall be a performance guarantee of 10% of the

Contract Sum. The performance guarantee shall contain the precise wording of the document included in Part C1.3 of the Contract Data: Form of Guarantee.

6.8.2 Contract Price Adjustment shall not be applicable.

6.8.3 Price adjustments for variations in the cost of special materials will not be allowed on this Contract.

6.10.1.3 Replace the contents of Clause 6.10.1.3 with the following:

“Any amounts, by addition or deduction, to those referred to in this Clause which are due to the Contractor or the Employer and shall include the deduction of penalties in terms of Clause 5.13.1.”

6.10.1.5 The percentage advance on materials not yet built into the Permanent Works is 80%.

6.10.3 The percentage retention on the amounts due to the Contractor is 10% and the limit of retention money is 5% of the Contract Price.

6.10.4 Replace the third paragraph of Clause 6.10.4 with the following:

"The Employer shall pay the amount due to the Contractor within 30 days of receipt by the Employer

of the payment certificate signed by the Engineer"

6.2.1 A retention money guarantee is not permitted.

7.1.1 Add the following at the end of Clause 7.1.1:

"Unless otherwise directed in writing by the Engineer, all materials for the Permanent Works shall be new and unused."

8.6.1.1.2 The value of materials supplied by the Employer amounts to Zero rand. (R 0,00)

8.6.1.1.3 The amount to cover professional fees in terms of this Clause amounts to 0% of the original Contract Price.

8.6.1.2 Not required.

8.6.1.3 The limit of indemnity shall be R 2,000,000. Add the following to Clause 8.6.1.3




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"The minimum amount of insurance required in terms of this Clause shall be per event, the number of events being unlimited."

8.6.1.5 None.

8.6.6 The insurance policies and proof of due payment shall be produced to the Engineer within seven (7) days after the Commencement Date.

8.6.8 Add the following new Clause 8.6.8 "In the event of any claim arising under the policies held in terms of this Clause, the Contractor shall forthwith take all necessary steps to lodge his claim on the joint behalf of himself and the Employer, and to secure settlement of such claim, and he shall submit to the Engineer copies of all claims and associated documents. The claim submitted by the Contractor shall cover the cost of repairing and making good as required in terms of Clauses 8.2.1 and 8.2.2."

9.1.2 Replace the contents of Clause 9.1.2 with the following:

“Up to the time of termination of the Contract by either party in terms of this Clause, or until the Contractor gives notice in terms of this Clause to terminate the Contract and the Contractor is precluded from exercising his right to terminate the Contract because the Employer agrees to bear any resultant additional costs provided for in Clause 54.2.2 hereof, the Contractor:

a) will be entitled to an extension of calendar time for working days lost as may be approved by

the Engineer, and

b) will be reimbursed the cost of delays per working day, where the number of working days will be determined pro rata the effect the delays have on the progress of the work as agreed with the Engineer. Payment in full and final settlement will be made at the rates tendered for the payment items specially provided in the Bill of Quantities.

Where the circumstances described in Clauses 9.1.1 are applicable only to a certain portion of the Contract, the Engineer will decide after consulting the Contractor, to what extent the Contract as a whole is affected and whether or not a claim in terms of this Clause can be submitted.

No payment will be made in terms of this Clause after the expiry of the Due Completion Date.”

10.4 & 10.5

Dispute resolution shall be by amicable settlement or adjudication, as so decided by both parties in writing.

10.7 The determination of unresolved disputes in terms of Clauses 10.4 & 10.5 shall be referred for final settlement to arbitration.

10.7 Special disputes shall be referred for final settlement to arbitration.

The additions to the General Conditions of Contract are:

Clause Additions

A2 Pro forma – Form of Offer and Acceptance

The Form of Offer to be used shall be the Form of Offer bound in this document, which is not necessarily the same as that attached to the published version of the General Conditions of Contract.

A3 Pro forma - Deed of Guarantee

The Deed of Guarantee shall be in the form bound in this document, which is not necessarily the same as that attached to the published version of the General Conditions of Contract.




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CONTRACT NO: CI-GG-0017-1 Part 2: Contract Data provided by the Contractor

Clause Additions

Clause 1.1.1.9:

The name of the Contractor is ……………………………………………………………………………

Clause 1.2.1.2:

The address of the Contractor is Physical : …………………………………………..…Postal :………………………………………….. Address: Address: …………………………………………..… ……………………………..……………………….. …………………………………………..… …………………………………………………….. …………………………………………..… …………………………………………………….. …………………………………………..… …………………………………………………….. Telephone : …………………………………………..… Fax: …………………………………………….. Email : …………………………………………..……………………………………………………………...




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Part C1: Agreement and Contract Data Form of Guarantee

C1.3 Form of Guarantee

WHEREAS THE CHIEF EXECUTIVE, SOUTH AFRICAN NATIONAL PARKS

(hereinafter referred to as "the Employer") entered into a Contract with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

-(hereinafter called "the Contractor") on the. . . . . . . . day of . . . . . . . . 20.. for CONTRACT No. CI-GG-0017-1

Error! Reference source not found.: for the


AND WHEREAS it is provided by such Contract that the Contractor shall provide the Employer with security by way of a

guarantee for the due and faithful fulfilment of such Contract by the Contractor;

WHEREAS WE, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (name of Insurance Company/Bank)

have at the request of the Contractor, agreed to give such guarantee;

NOW THEREFORE WE do hereby guarantee and bind ourselves jointly and severally as Guarantor and Co principal

Debtors to the Employer under renunciation of the benefits of division and excussion for the due and faithful performance

by the Contractor of all the terms and conditions of the said Contract, subject to the following conditions:

1. The Employer shall, without reference and/or notice to us, have complete liberty of action to act in any manner

authorized and/or contemplated by the terms of the said Contract, and/or to agree to any modifications, variations,

alterations, directions or extensions of the Due Completion Date of the Works under the said Contract, and that its rights

under this guarantee shall in no way be prejudiced nor our liability hereunder be affected by reason of any steps which

the Employer may take under such Contract, or of any modification, variation, alterations of the Due Completion Date

which the Employer may make, give, concede or agree to under the said Contract.

2. This guarantee shall be limited to the payment of a sum of money.

3. The Employer shall be entitled, without reference to us, to release any guarantee held by it, and to give time to or

compound or make any other arrangement with the Contractor.

4. This guarantee shall remain in full force and effect until the issue of the Certificate of Completion in terms of the Contract,

unless we are advised in writing by the Employer before the issue of the said Certificate of his intention to institute

claims, and the particulars thereof, in which event this guarantee shall remain in full force and effect until all such claims

have been paid or liquidated.




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Part C1: Agreement and Contract Data Form of Guarantee

5. Our total liability hereunder shall not exceed the sum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(R . . . . . . . . . . . . . . . . .. . . . . . .)

6. The Guarantor reserves the right to withdraw from this guarantee by depositing the Guarantee Sum with the beneficiary,

whereupon the Guarantor's liability hereunder shall cease.

7. We hereby choose our address for the serving of all notices for all purposes arising hereof as . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IN WITNESS WHEREOF this guarantee has been executed by us at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on this . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20. . . . . . . . . . . . .

As witnesses:

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duly authorized to sign on behalf of

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address




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Part C1: Agreement and Contract Data OHS Mandatary Form

C1.4: Pro-Forma – OHS Mandatory Form

TO BE COMPLETED AND SIGNED BY ALL MANDATARIES

OCCUPATIONAL HEALTH AND SAFETY ACT NO. 85 OF 1993

Note: Section 1(1)(xxviii) of the Act defines a "Mandatory" as including "an Agent, a Contractor or a

Subcontractor for Work." The Employer and the Contractor hereby agree, in terms of the provisions of Section 37 (2) of the Occupational Health and Safety Act, Act No.85 of 1993, hereinafter referred to as "the Act", that the Contractor as an employer in its own right and in its capacity as Contractor for the execution of the works, shall have certain obligations and that the following arrangement shall apply between them to ensure compliance by the Contractor with the provisions of the Act, namely:- i. The Contractor undertakes to acquaint the appropriate officials and the employees of the Contractor

with all relevant provisions of the Act, and the regulations promulgated in terms of the Act, and ii. The Contractor undertakes that all relevant duties, obligations and prohibitions imposed in terms of the

Act and regulations will be fully complied with, and iii. The Contractor hereby accepts sole liability for such due compliance with the relevant duties, obligations

and prohibitions imposed by the Act and regulations in respect of the work included in the Contract, and iv. The Contractor shall be obliged to report forthwith to the Employer any investigation, complaint, or

criminal charge which may arise as a consequence of the provisions of the Act and regulations pursuant to work performed on behalf of the Employer, and shall, on written demand, provide full details in writing of such investigation, complaint or criminal charge.

Signed at ………………………………………………….on the ……… day of ……………………. 20….. WITNESS: ……………………………………………….. ....................................................................... for and on behalf of Contractor WITNESS: ………………………………………………… ....................................................................... For and on behalf of the Chief Executive Officer South African National Parks




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Part C1: Agreement and Contract Data Declaration of Ownership of Unused Materials

C1.5: Pro-Forma – Declaration of Ownership of Unused Materials

DECLARATION OF OWNERSHIP OF UNUSED MATERIAL

FOR

CERTIFICATE OF PAYMENT NO:

I/We, the undersigned, ........................................................................................................................... ............................................................................................................................................ (Name of Contractor) hereby declare that the materials for which payment is claimed in terms of Clause 6.10.1.5 of the General Conditions of Contract are: (a) as described * (i) on the copy of Invoice No. ...…… annexed hereto

*(ii) as set out in detail below ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... *delete whichever is not applicable. (b) located at ....................................................................................................................................... ....................................................................................................................................... (c) totally owned by me/us and that no other party has any claim or right in respect of the above

materials and that I am/we are free to pass ownership upon receipt of payment for such materials (d) intended for incorporation into the permanent works of this Contract. Signed at ....................................................................................................................................... on this ……………………………………………… day of ……………………………………… 20…….. Witnesses: Signature: …………………………………………….…… 1. Capacity: ………….……………………………………… 2. On behalf of: ………….……………………………………… Address: …………….…………………………………… ………………………………….……………… ……………………………………………….…

Contract number No. CI-GG-0017-

10017-10017-10017



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Part C2: Pricing Data

Part C2: Pricing data




Contract

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Part C2: Pricing Data Pricing Instructions



C2.1: Pricing Instructions

The Standard Specifications for Road and Bridge Works for State Road Authorities prepared by the Committee of Land

Transport Officials (COLTO) South Africa (1988).

PREAMBLE TO BILL OF QUANTITIES

General

1. The Contract Data, the Scope of the Work and the Site Information are to be read in conjunction with the Bill of

Quantities.

a. The Bill of Quantities comprises items covering the Contractor's profit and costs of general liabilities and of

construction of temporary and permanent Works.

b. The Tenderer is at liberty to insert a rate of his own choosing for each item in the Bill but his attention is drawn

to the fact that the Contractor has the right, under various circumstances, to payment for additional works

carried out and that the Engineer is obliged to base his assessment of the rates to be paid for such additional

work on the rates inserted in the Bill.

c. The measurement and payment clauses of each Specification, read together with the relevant clauses of the

Specification Data, set out what ancillary or associated activities are included in the rate for the operations

specified.

2. The Bill of Quantities has been drawn up generally in accordance with the Standard Specifications for Road and Bridge

Works for State Road Authorities prepared by the Committee of Land Transport Officials (COLTO) South Africa (1988).

Descriptions in the Bill are abbreviated and must be read in conjunction with the measurement and payment clauses of

the applicable Specifications. Please refer to C3.4.1b for Particular and amendments to the Standard COLTO

Specification which should be read in conjunction.

3. Unless otherwise stated, items are measured net in accordance with the Drawings, and no allowance has been made

for waste.

4. Except that they shall not include Value Added Tax (VAT), the prices and rates to be inserted in the Bill of Quantities

are to be the full inclusive prices to the Employer for the work described under each item. Such prices shall cover all

costs and expenses that may be required in and for the construction of the work described and shall cover the cost of

all general risks, liabilities, and obligations set forth or implied in the documents on which the tender is based. Provision

is made in the Summary to the Bill of Quantities for VAT to be added.

5. A price or rate is to be entered against each item in the Bill of Quantities, whether the quantities are stated or not. An

item against which no price is entered will be considered to have a price or rate of R0,00.

6. The Tenderer must price and extend each item, total each page and carry the total of each section in the Bill of Quantities

to the Summary page.




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Part C2: Pricing Data Pricing Instructions

7. In the case where the Tenderer is provided with an electronic bill of quantities the hand written pricing remains principle

to this contract – Failing of which may result in the Tenderer being non-responsive. The electronic bill of quantities

provided is merely to assist the Tenderer in completing the bill of quantities.

Construction

8. Attention is drawn to Clause 6.7.1 of the General Conditions of Contract and the Contractor must not order the quantities

of materials stated in the Bill of Quantities until he has confirmed from the construction drawings or measurement on

Site that such quantities are in fact the correct quantities.




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Part C2: Pricing Data Bill of quantities



C2.2 Bill of Quantities

CONTENTS

SECTION 1: PRELIMINARY AND GENERAL

SECTION 2. DRAINAGE

SECTION 3: EARTHWORKS AND PAVEMENT LAYERS OF GRAVEL OR CRUSHED STONE

SECTION 4: ASPHALT PAVEMENTS AND SEALS

SECTION 5: ANCILLARY WORKS

SECTION 6: SUNDRY STRUCTURES

SECTION 7: SUNDRIES

SUMMARY




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SUMMARY OF BILL OF QUANTITIES

SCHEDULE A: ROADWORK'S

AMOUNT

Series 1000 GENERAL

Series 2000 DRAINAGE

Series 3000 EARTHWORKS AND PAVEMENT LAYERS OF GRAVEL OR CRUSHED STONE

Series 4000 ASPHALT PAVEMENTS AND SEALS

Series 5000 ANCILLARY ROADWORKS

Series 7000 SUNDRY STRUCTURES

Series 8000 SUNDRIES

SUB-TOTAL SCHEDULE A: ROADWORK'S =

VAT (15%) = B = A * 15%

TOTAL TENDER (CONTRACT) PRICE CARRIED TO FORM OF OFFER =

C = A + B




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Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the

Golden Gate Highlands National Park. CONTRACT NO: CI-GG-0017-1

DAYWORK SCHEDULE

1 GENERAL

Tenderers must complete this list which shall be used for the assessment of value of the work which the Engineer instructed in writing that must be done on a day work basis, all in agreement with Clause 6.5 of the General Conditions of Contract for Construction Works 2015. All the rates are fixed and shall be binding until and with the issuing of the final certificate.

No day work shall be undertaken unless specific written authorization is obtained from the engineer.

2 LABOUR COSTS

Rates for labour as listed below shall include all the allowances as specified in the General Conditions of Contract for Construction Works 2015. The extra allowance applicable on labour costs listed below, is stated in the Contract Data and must not be included in this list.

Overtime costs attached to this contract shall be paid in the same relation as to that which the employees are actually paid.

Only the net working hours will be measured under Day work and it will be held that the Contractor has made provision in his rates for possible interruptions and standing time.

Prior to the commencement of any work by the labourers the contractor must obtain written consent from the engineer regarding the classification and composition of all labourers in terms of “unskilled” and “skilled” labourers required for the work as ordered by the engineer.”

DESCRIPTION UNIT RATE

Unskilled labour hour

Semi-skilled labour hour

Ganger hour

Foreman/Section leader hour

3 EQUIPMENT COSTS

Full comprehensive hourly rates, which also include the cost of the operators and other equipment, must be listed below. Rates must also include all the costs of consumable items, maintenance, depreciation, tools and all other coincidences that shall be necessary to operate the equipment for the purpose it is designed for. The rates must also include all the overhead costs, profits, site supervision, insurance, holidays with payment, travelling costs (or travelling allowances) and residence allowances of operators and any other allowances that is applicable. No further percentage allowances shall be applicable on equipment. The Tenderer must list under each heading the fabrication and specification of the equipment available.

The Contractor will be paid the actual net cost of plant hired by him for Day work and in addition will be paid a percentage allowance on the net cost of such hire which allowance will cover the Contractors overhead costs and profit.




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DESCRIPTION UNIT RATE

1. Excavators

............................................................... hour

............................................................... hour

2. Front-end loaders

............................................................... hour

............................................................... hour

3. Rollers

Vibratory Roller ....................................... hour

Tamping Roller ....................................... hour

Grid Roller .............................................. hour

4. Motor Graders

............................................................... hour

............................................................... hour

............................................................... hour

5. Trucks (m3 specified)

............................................................... hour

............................................................... hour

............................................................... hour

6. Water truck (litres specified)

............................................................... hour

............................................................... hour

7. Tractor and trailer

............................................................... hour

............................................................... hour




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8. Compressor

............................................................... hour

............................................................... hour

9. Concrete mixer (litres specified)

............................................................... hour

............................................................... hour

10. "Dumper" (m3 specified)

............................................................... hour

............................................................... hour

11. Compactors (Plate)

Pedestrian Roller (Bomag BW90) ........... hour

Vibratory Plate ........................................ hour

Rammers ................................................ hour

12. Other equipment

............................................................... hour

............................................................... hour

............................................................... hour

............................................................... hour




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Part C3: Scope of work

Part C3: Scope of Work

C3.1 Description of the Works

C3.2 Engineering

C3.3 Procurement

C3.4 Construction C3.5 Management C3.6 Annexes

Status

Should any requirement or provision in the parts of the Scope of Work conflict with any requirement of any Standardised Specification, particular specification or any drawings, the order of precedence, unless otherwise specified, is: Drawings Scope of Work (Parts C3.1, C3.4 C3.5 and C3.6) Standardised Specifications




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Part C3: Scope of work Description of the Works



C3.1 Description of the Works C3.1.1 Employer’s objectives

The primary objective is to rehabilitate/maintain approximately 15km of the existing surfaced roads within the GGHNP. The roads, not limited to these, to be included in the rehabilitation/maintenance are as outlined below:

• Oribi Loop with an approximate length of 4.2km

• Blesbok Loop with an approximate length of 7.6km

• Wilgenhof access road with an approximate length of 0.68km

• Basotho Cultural Village access road with an approximate length of 2km

C3.1.2 Description of the works

Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park situated in the north eastern Free State.

C3.1.3 Extent of the Works

The following rehabilitation works are proposed:

• Clean all stormwater infrastructures and remove of debris (canals, grid/field inlets, culverts etc). Mainly hand

operations.

• Grass control poisoning along road edge to prevent grass encroaching into the road surface.

• Surface patching with a hot asphalt mix product and necessary preparation before application.

• Base patching with either imported material or stabilized in-situ material and a hot asphalt mix surfacing as

required.

• Install edge beams and grass blocks where required to restrain the edge of the road and prevent erosion and

edge brakes.

• Reinstating of the road edge where failure occurred with a hot asphalt mix product and stabilized base material

if necessary.

• Removal and thereafter replacing of concrete hardstands with new suitable concrete where applicable.

• After all of the above patch work the road surface will either be sealed with a 9.5mm or 13,2mm Single Seal

with modified binder as instructed.

The bill of quantities and related specification provides more detailed to the above brief outline of the scope of works.

C3.1.4 Location of the Works and Access

The site of the works is located within the Golden Gate Highlands National Park. Access to the site is gained from the R712 Provincial road from either Clarens or Harrismith. Refer to C4 Site information.

C3.1.5 Temporary Works

The Contractor will be required to maintain the existing road in operation at all times during the course of the contract. The Contractor shall not provide a bypass for traffic but shall work in “half widths”. No road may be fully closed for longer than 24 hours in total. The Contractors programme will need to incorporate the required traffic accommodation. All traffic accommodation measures including traffic signals if required shall be installed and operated strictly in accordance with the South African Road Traffic Signs Manual.




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Part C3: Scope of work Engineering



C3.2 Engineering C3.2.1 Design

(a) The Employer is responsible for the design of the permanent Works as reflected in the Contract

Documents, unless otherwise stated. (b) The Contractor is responsible for the design of the temporary Works such as traffic accommodation

signage and signalling and their compatibility with the permanent Works. (c) The Contractor shall supply all details necessary to assist the Engineer in the compilation of the as-built

drawings. C3.2.2 Employer’s design

The Employer’s design is contained in the Tender Documentation and Drawings. Amendments to the design, if necessary, will be issued during the construction phase.

C3.2.3 Design brief

Where the Contractor is to supply the design of designated parts of the permanent Works or temporary Works he shall supply full working drawings supported by a professional engineer’s design certificate.

C3.2.4 Drawings

The Contractor shall use only the dimensions stated in figures on the Drawings in setting out the Works, and dimensions shall not be scaled from the Drawings, unless required by the Engineer. The Engineer will, at the request of the Contractor in accordance with the provisions of the Conditions of Contract, provide such dimensions as may have been omitted from the Drawings. The Contractor shall ensure that accurate as-built records are kept of all infrastructure installed or relocated during the contract. The position of all underground infrastructure shall be given by either co-ordinates or stake value and offset. Where necessary, levels shall also be given. A marked-up set of drawings shall also be kept and updated by the Contractor. This information shall be supplied to the Engineer's Representative on a regular basis. All information in possession of the Contractor, required by the Engineer and/or the Engineer’s Representative to complete the as-built/record drawings, must be submitted to the Engineer's Representative before a Certificate of Completion will be issued. The Drawings prepared by the Employer for the permanent Works applicable to the contract are issued with this tender document and will form part of the Contract Documents as Volume 4. The Employer reserves the right to

issue and/or amended additional drawings during the Contract.

Drawing No. Description

P2536FR1001 Road Layout – Sheet 1 of 6





P2536FR1006 Roads: General Details - Sheet 6 of 6

P2536FR1007 Roads: General Details - Sheet 7




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Part C3: Scope of work Procurement



C3.3 Procurement

C3.3.1 PREFERENTIAL PROCUREMENT

The works shall be executed in accordance with the conditions associated with the granting of preferences detailed in Form SBD 6.1: Preference Points Claim Form in Terms of the Preferential Procurement Regulations 2017, where preferences are granted in respect of B-BBEE contribution. In particular, the Contractor may not sub-contract more than 25% of the value of the contract to sub-contractors that do not have an equal or higher B-BBEE status level than the Contractor, unless the sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works.

C3.3.2 SCOPE OF MANDATORY SUBCONTRACT WORK

No mandatory subcontract work is envisaged under this contract

C3.3.3 SUBCONTRACTORS C3.3.3.1 Procedure for the selection of sub-contractors/suppliers

Where monetary allowances for provisional sums or prime cost items have been provided in the Bills of Quantities, and where the work is to be executed/supplied by sub-contractors/suppliers then the following selection process shall be followed in respect of the required sub-contractors/suppliers: The Contractor shall invite three quotations from suitably qualified sub-contractors/suppliers, the selection of which shall be in consultation with, and to the approval of the Engineer, for the required work or items. The evaluation of the quotation received must include a preference points system as described in F3.11 of the Tender Data.

C3.3.3.2 Attendance on subcontractors

Approval given in terms of subcontracting shall not relieve the Contractor of any responsibility, duty or obligation imposed upon him by the Contract, and the Contractor shall in particular be and remain solely liable and responsible for all acts, omissions, negligence or breaches of contract on the part of the assignee or any of his employees, and for all acts, omissions or negligence of any Sub- Contractor or any of his employees.




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Part C3: Scope of work Construction



C3.4 Construction C3.4.1a Standardised Specifications

For the purpose of this Contract the following Standard Specifications for Road and Bridge Works for State Road Authorities prepared by the Committee of Land Transport Officials (COLTO) shall apply: SERIES 1000 General SERIES 2000 Drainage SERIES 3000 Earthworks and Pavement Layers of Gravel or Crushed Stone SERIES 4000 Asphalt Pavements and Seals SERIES 5000 Ancillary Roadworks SERIES 6000 Structures SERIES 7000 Sundry Structures SERIES 8000 Sundries These standardised specifications are not bound into this document nor issued with it. The Contractor may purchase copies for his own use. This publication is available and tenderers must obtain copies at their own cost from the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail: [email protected]. It shall be the responsibility of the Contractor to obtain, at his own expense, the most recent copies of the relevant editions of the documents referred to above, where applicable.

C3.4.1b Amendments and Particular Specifications towards the Standard COLTO Specification

SECTION 1200 : GENERAL REQUIRMENTS AND PROVISIONS

B1204 PROGRAMME OF WORK

(a) General requirements

Amend the word “network” in the fourth line of the first paragraph to read as “bar (Gantt) chart”.

Add the following after the third paragraph:

“The bar-chart programme to be provided by the contractor shall show the various activities in such detail as

may be required by the engineer. Progress in terms of the programme shall be updated monthly by the

contractor in accordance with the progress made by the contractor.

In compiling the programme of work, the contractor shall indicate and make due allowance for the following,

as specified elsewhere in the contract documents:

The requirements regarding the accommodation of traffic and areas that may be occupied at any time

for construction purposes (Section 1500 of the specifications)

(b) Programme of work for rehabilitation work

Amend the word “network” in the fourth line of the first paragraph to read as “bar (Gantt) chart”.

B1205 WORKMANSHIP AND QUALITY CONTROL

Add the following to the third paragraph:

“The engineer shall, however, undertake acceptance control tests for the judgment of workmanship and quality,

without accepting any obligations vested with the contractor in terms of the contract with specific reference to quality

of materials and workmanship. Such acceptance control test done by the engineer shall not relieve the contractor

of his obligations to maintaining his own quality control system.”

mailto:[email protected]




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Add the following at the end of this clause:

"The engineer shall, for the purpose of acceptance control on products and workmanship, assess test results and measurements in accordance with the provisions of section 8300 of the standard specifications. Where small quantities of work are involved, a lot shall mean a full day's production for a specific item of work subject to acceptance control testing."

B1209 PAYMENT

(b) Rates to be inclusive

Add the following:

“VAT shall be excluded from the rates and provided for as a lump sum in the Summary of Bill of Quantities”.

(e) Materials on the site

Add the following:

"In addition, the engineer may at his sole discretion also allow payments under "Materials on Site" in respect

of any construction materials if stored off-site providing that:

(a) The site selected for this purpose is approved by the engineer

(b) Such land is physically separated from any production plant or operation

(c) Only materials for use under this contract is stockpiled on such land

(d) The contractor has provided proof of an agreement with the owner of such land that the owner has no

claim whatsoever on any materials stockpiled on such land

(e) Materials obtained by the contractor for or on behalf of emerging subcontractors (SMME's) shall remain the responsibility of the contractor after payment has been made in respect of materials on site.”

B1303 PAYMENT

ITEM UNIT

B13.01 The contractor's general obligations (As specified)

Add the following after the fifth paragraph:

"The combined total tendered for sub-items (a), (b) and (c) shall not exceed 15% of the tender sum,

excluding VAT.

B1302 Occupational Health & Safety

ITEM UNIT

B13.02 (a) Provision for Health and Safety Management Lump Sum (L Sum)

The tendered sums shall include full compensation for providing the above services as required from the Occupational Health and Safety Act. The rate shall include all related costs incurred by the Act, remuneration to personnel, trainers, etc. and equipment required for the execution of the required services as depicted by the Act. The tendered amount for items a, b and c shall only be paid on the successful completion of each task as approved by the client or his Agent. The tendered amount for item d shall be paid on a monthly basis. This amount includes for full compliance with the requirements as per OHS requirements outline under Annexure A in C.4.2 of this document.

ITEM UNIT




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“B13.03 Contract Name board:

(a) Supply and erect one contract nameboard Lump Sum The tendered lump sum shall be for full compensation for providing one contractor name board, erected at an appropriate position to be indicated by the engineer. The rate shall include all materials, manufacturing, delivery to site and erection of the board and all materials, plant and labour required for the erection of the boards.”

SECTION 1500 : ACCOMMODATION OF TRAFFIC B1501 SCOPE

ADD TO CLAUSE 1501 THE FOLLOWING: “The scope of this section shall also include the preparation and submission to the Engineer for approval of a traffic management plan. The traffic management plan shall demonstrate how the Contractor intends accommodating and controlling traffic through the site. The plan must incorporate all the requirements of the specifications in respect of the accommodation of traffic, including the traffic control devices and the personnel involved. A traffic safety officer shall be specifically named in the plan together with 24 hr contact details. Copies of the plan shall be made available to the Engineer, the Employer, Local Authorities, the Police and Emergency Services as required. The plan shall take into account that no road may be fully closed for more than 24 hours in total. The works should therefore be planned in such manner as to allow for reopening after 24 hours of closing with minimum effect on the works to proceed. The accommodation of traffic shall generally be undertaken in the following manner: (a) Via gravel diversions, where practical in terms of space and the terrain. (b) By dealing with traffic under construction where no diversions are possible. (c) By diverting traffic along the existing road where the route is being realigned.”

B1502 GENERAL REQUIREMENTS ADD TO THE SUB-CLAUSE THE FOLLOWING: “(j) Public traffic

The contractor must plan and conduct his activities so as to bring about the least possible disruption to the traffic on the road. All halting of traffic will require the prior approval of the engineer and client. In all dealings with the public the Contractor shall bear in mind the public's right to enjoy the use of the road, and the Employer's desire to interfere as little as possible with this right. At all points of contact with the public, the Contractor shall deal with deliberate courtesy and understanding in any discussions or disputes.

(k) Failure to comply with provisions

The failure or refusal of the Contractor to provide barricades or traffic signs at the proper time, or to take the

necessary precautions for the safety and convenience of public traffic as specified or instructed by the Engineer, shall be sufficient cause for the suspension of all work under this Contract without any additional compensation to the Contractor until the required accommodation of traffic has been completed to the satisfaction of the Engineer.

(l) Access to work area




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Construction traffic will only be permitted to enter or leave the work area at points approved by the Engineer and as clearly indicated on the traffic management plans. When any access point is in use, flagmen shall be provided for each such point. At least two flagmen shall be stationed at the access point to control the movement of construction traffic, and to warn public traffic on both lanes of the existing road. It is not the purpose of these flagmen to stop public traffic flow.

(m) Extension of time for completion

Accommodation of public traffic on the works or any delays caused thereby, as well as any suspensions due to

failure by the Contractor to comply with the provisions for the accommodation of traffic, will not be regarded as special circumstances for an extension of time.”

B1503 TEMPORARY TRAFFIC CONTROL FACILITIES

Add the following after the first paragraph: “All temporary road signs, devices, sequences, layouts and spacing shall comply with the requirements of the Road Traffic Act, 1996 (Act 93 of 1996), the National Road Traffic Regulations, 2000, the South African Road Traffic Signs Manual, the requirements of the relevant road authority and the drawings. All temporary traffic control facilities shall comply with the guidelines set in SA Road Traffic Signs Manual, Volume 2, Chapter 13: Road works Signing, (SARTSM, June 1999, obtainable from the Government Pinter, Pretoria).”

(b) Road signs and barricades

ADD TO SUB-CLAUSE 1503(B) THE FOLLOWING :

“The Contractor shall be responsible for the protection and maintenance of all signs, and shall at his own cost replace any that have been damaged, or lost, or stolen. All temporary road signs shall be mounted on portable supports for the easy moving of signs to temporary positions. The only permitted method of ballasting the sign supports shall consist of durable sandbags filled with sand of adequate mass to prevent signs from being blown over by wind. The cost of the sandbags shall be included for in the tendered rates for the various types of temporary road signs. The covering of permanent road signs, if applicable, shall be by utilising a hessian bag, which shall be pulled over the sign in the form of a hood and fastened to the sign posts. Plastic bags or other materials and fastening by means of adhesive tape shall not be permitted. The cost of covering of permanent road signs shall be deemed to be covered by the tendered rates of items B15.01 and 15.10. No work may proceed on any section where accommodation of traffic is required until such time as the relevant requirements with regards to signposting are met and written approval of the Engineer is obtained. The Contractor shall keep sufficient surplus signs, delineators and barricades on the site to allow for the immediate replacement of damaged or missing items, in any case, within three hours of instructions having been given by the Engineer. Delineators shall be of the flexible plastic reversible variety and not of the rigid metal variety. Should the Contractor fail to respond to an instruction to re-erect a road sign within the designated time or fail to comply to the requirements, the work on that section will be suspended without any compensation to the Contractor.” ADD THE FOLLOWING NEW SUB-CLAUSES TO CLAUSE 1503 :

“(g) Other signs and facilities

The Engineer may instruct the Contractor to provide any other road sign, reflective tape, etc not measured in standard pay items. The road signs shall conform with the requirements of the South African Traffic Signs Manual, Road Note 13 or specification provided by the Engineer.

(h) High visibility Safety jackets




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The Contractor will be responsible to ensure that all construction workers, staff of the Engineer and visitors shall wear high visibility safety jackets when moving around on site. The jackets shall be of an approved type, orange in colour and shall be to the approval of the Engineer. The Contractor shall provide the Engineer with two jackets. No separate payment will be made for the jackets.”

SECTION 1600 : OVERHAUL

B1602 DEFINITIONS

(d) Free-haul distance

REPLACE SUB-CLAUSE 1602(d) Free-haul distance WITH THE FOLLOWING:

“The free-haul distance shall be the distance up to which overhaul material may be hauled before overhaul becomes payable. The free haul distance for this project will be the Golden Gate Highlands National Parks boundaries. Overhaul will therefore only be paid for hauling of cut materials from the parks boundary to the place of spoiling. Free-haul within the parks boundaries applies to all payment items as referred to in the bill of quantities. Where the wording “imported from commercial source” is depicted in the bill of quantities the rate tenderer for shall include transport from the commercial source. The Contractor will therefore not be in a position to claim for additional overhaul.”

B4405 PAYMENT

ITEM UNIT

B44.05 Precoating the aggregate at the rates specified (As specified)

Add the following after the last paragraph:

"The precoating of aggregate shall be done off site, site in this case refers to the entire Golden Gate

Highlands National Park, at either the suppliers’ lab/yard or any other site as located by the Contractor

and approved by the Engineer. The rate shall include full compensation inclusive of delivery”.

B4802 MATERIALS

(c.) Herbicide

Add the following:

"The herbicide type shall be approved by the Engineer and SANParks ECO Officer before application”

C PENALTIES FOR NON COMPLIANCE

The contractor shall act immediately when such notice of non-compliance is received and correct whatever is the cause for the issuing of the notice. Complaints received regarding activities on the construction site pertaining to the environment shall be recorded in a dedicated register and the response noted with the date and action taken. This record shall be submitted with the monthly reports and a verbal report given at the monthly site meetings. Any avoidable non-compliance with the above-mentioned measures shall be considered sufficient ground for the imposition of a penalty. The penalties are outlined in the summary page and will be measured in incidents.

C3.4.2 Particular Specifications to Health and Safety, Environmental and Code of Conduct




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The following particular specifications shall apply to this contract and are Annexed to this Contract

Annexure A - Health and Safety Specifications for South African National Parks Annexure B - Environmental Management Plan Annexure C - Code of Conduct for working in the South African National Parks

C3.4.3 Variations and Additions to the Standard and the Particular Specifications

Variations and additions to The Standard Specifications for Road and Bridge Works for State Road Authorities prepared by the Committee of Land Transport Officials (COLTO) are listed above in C3.4.1b and the Particular Specifications of C 3.4.2 are attached in the Annexures.

C3.4.4 Known services

The Contractor shall make himself acquainted with all existing works. Under no circumstances shall the Contractor alter or in any way interfere with the existing works or underground services unless authorised by the Engineer. Where existing works are of such a nature that the Engineer may require them to be moved by the Contractor, the cost of such work will be paid for at scheduled rates or on day works, plant and materials basis. The Contractor will be held responsible for damages to any existing works and any damages caused shall be made good at his own cost without delay. The Contractor is to exercise care when the proposed work is to cross an existing service, or work is to be performed close to an existing service. Prior to commencement of the relevant portion of the proposed works the Contractor with the Engineer or his duly appointed representative shall also perform a visual inspection of the area in question. This inspection will not waive the Contractor of his obligations with respect care of the works referenced in the General Conditions of Contract.

C3.4.5 Damage to services

Damage that occurs to unknown services during construction will be paid by the Employer. However, all services that have been located and exposed, and are subsequently damaged by the Contractor or his subcontractor, shall be reinstated to the same state as it was before the damage occurred at the time and cost of the Contractor.

C3.4.6 Reinstatement of services and structures damaged during construction

The Contractor shall inform the Engineer immediately when a service or structure is damaged. The extent of the damage and a proposal how to reinstate the service or structure shall be submitted to the Engineer on a sketch with dimensions and time frames. The Contractor shall not be allowed to reinstate any service or structure unless indicated so by the Engineer. The Contractor shall render all reasonable assistance to the service or structure owner with the reinstatement of the service or the structure if required. The Contractor shall be liable to reinstate the service or structure to its original state or for the full cost thereof if reinstated by others.

C3.4.7 Services and facilities provided by the employer C3.4.7.1 Water and Power Supply

No water supply is available from the Employer for use by the contractor. The Contractor shall make his own arrangements with the local authority for the necessary connections and reticulation to ensure a water supply for the execution of the Works, the cost, if any, of which will be for the Contractors account. The Contractor shall make his own arrangements for the supply of electricity that he may require for the execution of the works and the costs of any connections, additional reticulation and the supply of electricity shall be borne by the Contractor.

C3.4.9 Facilities provided by the contractor




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The Contractor shall provide, maintain and remove his own facilities to the satisfaction of the Engineer. The Contractor shall provide the area around his office, stores and sheds (i.e. the “Camp”) with adequate security fences to ensure that unauthorised persons do not enter the camp area and security personnel should he deem it necessary. The tendered sums as scheduled by the Contractor, whether grouped or individually, shall include all costs for the installation, maintenance and removal of the fencing as specified, in addition to all other facilities specified and as required by the Contractor for his own purposes.

C3.4.9.1 Location of Contractors Camp Site

The location of the Contractor’s camp shall be pointed out at the tender briefing meeting. The Contractor shall note that the site is within a popular public amenity. The Contractor shall comply with all SANParks and Local Authority regulations including those relating to health and fire. The Contractor shall ensure that all camp facilities, including those for fuelling, comply with all such regulations. Should the contract include the end of year builders holidays the camp shall be dis-established prior to end of year close-down and re-established at start up the following year. Provision for this is made in the Bill of Quantities. The Contractor shall provide sufficient latrine facilities for its workers as required by local regulations and these shall be located in close proximity to the work area. The camp site shall be properly and neatly fenced using temporary fencing with secure access control. The Contractor shall be responsible for providing and maintaining his own security arrangements for the duration of the Contract. On completion of the Works, or when ordered by the Engineer, the Contractor shall remove all temporary buildings and latrines and restore the Site to a clean and sanitary condition to the satisfaction of the Engineer and rehabilitate the area in accordance with the EMP. Access to the site will be in a controlled manner. People visiting the site will have to sign in and out on a daily basis.

C3.4.9.2 Housing

No housing is available nor shall be allowed on site for the Contractor’s employees. It is the sole responsibility of the Contractor at his own cost to house his employees and transport them to and from the site.

C3.4.10 Facilities for the Engineer

The Contractor shall provide on the Site, for the duration of the Contract and for the exclusive use of the Engineer and/or his Representative (as applicable), the various facilities described hereunder. All such facilities shall be provided promptly on the commencement of the Contract and failure on the part of the Contractor to provide any facility required in terms of this specification shall constitute grounds for the Engineer to withhold payment of the Contractor's tendered Preliminary and General items until the facility has been provided or restored as the case may be.

C3.4.10.1 Office accommodation

Separate office space is not required by the Engineer. The Contractor shall however provide a suitable office on site wherein site meetings may be held as specified in C3.4.9.2. The Engineer and his Representative shall be allowed free use of all the Contractors site facilities. The Engineer and the Engineer’s Representative shall be allowed free use of survey equipment and an assistant to carry out control work as and when required, and the Contractor shall provide all pegs, concrete, tools and other necessary items as well as all necessary labour for excavation, bush clearing, mixing and placing of concrete, as and when required for the control of the setting out of the Works.

C3.4.10.3 Site meeting venue

The Contractor shall provide within his own site establishment facilities, a suitably furnished office or other venue capable of comfortably accommodating a minimum of six (6) persons at site meetings. The Engineer shall be




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allowed free use of such venue for conducting any other meetings concerning the Contract at all reasonable times.

C3.4.10.4 Contract name boards

The Contractor shall provide, erect and maintain one contract name boards at such position and location directed by the Engineer, which name boards shall, unless otherwise specified elsewhere in the Contract, comply with the Employers standard project board with regard to size, painting, decorating and detail, and the requirements described hereunder. The Contractor shall keep the contract name board in good state of repair for the duration of the Contract and shall remove it on completion of the Contract.

C3.4.10.5 Survey equipment and assistants

Both are required for the Contract.

C3.4.10.6 Electricity supply for the Engineer (Only if Required)

All electricity supply to the Engineer’s office(s) and laboratory (if applicable), whether provided by the Contractor by way of a reticulated supply from a local authority or other authorised electricity supply, shall be regulated by the Contractor to within limits such as to prevent damage due to fluctuations in the electrical current supply that may occur to any electrical plant and equipment provided by the Contractor or the Engineer. The Contractor shall be liable for and pay to the Engineer on demand, all costs that the Engineer may incur in the repair or replacement of any electrical equipment provided by the Engineer on the Site. Reliance by the Contractor on the regulation of the electrical supply by the supplier shall not absolve the Contractor of his liabilities in terms of this Sub clause and, where appropriate, the Contractor shall provide and install at his own cost, all such electrical current-regulating equipment as is necessary to prevent damage to the said equipment.

C3.4.10.7 Site instruction book and Site diary

The Contractor shall keep a triplicate book for site instructions on the Site at all times and provide a Site diary for daily completion by the Contractor.

C3.4.11 Laboratory Facilities

The Contractor shall provide and allow for his own facilities, apparatus and procedures for the testing of materials and the process control testing of materials and workmanship in order to ensure compliance with the requirements of the Specifications. The Engineer shall only carry out control tests.

C3.4.12 Other facilities and services

C3.4.12.1 Waste Disposal

The Contractor shall make arrangements for solid and liquid waste disposal with SANParks. Disposal will take place at an approved Site.

C3.4.12.2 Telephone Facilities

The Contractor shall be responsible for arranging his own telephone facilities and shall be responsible for all costs relating thereto.

C3.4.12.3 Ablution Facilities

Ablution facilities are not available on site. The Contractor shall therefore make the necessary arrangement to provide these facilities. Chemical serviced toilets shall be the minimum acceptable standard as indicated in the EMP. These must be placed in a position to be approved by the Engineer. The facilities must be to the Engineer’s approval and must be maintained in a clean and sanitary condition.

C3.4.13 Notice boards, signs, barricades and advertisements

All notices, signs and barricades may be used only if approved by the Engineer. The Contractor shall be responsible for their supply, erection, maintenance and ultimate removal and shall make provision for this in his tendered rates.




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The Engineer shall have the right to instruct the Contractor to move any sign or notice to another position, or to remove it from the Site of the Works if in his opinion it is unsatisfactory, inconvenient or dangerous.

C3.4.14 Dealing with water

The Contractor shall make provision and allow for all dewatering and temporary management of stormwater. All costs for this operation for the duration of the contract shall be deemed to be included in the Fixed and Value related charges in SERIES 1000 : Preliminary and General in the Pricing Data.

C3.4.15 Dealing with high winds

The site is situated in a region where high winds and seasonal rain can be expected and with strong south-easterly winds during the summer months. All heaps of materials either forming part of the excavations or imported for use in construction shall be kept covered during high winds to prevent contamination of surrounding in-situ soils.

C3.4.16 Alterations, additions, extensions and modifications to existing works.

The Contractor shall within 20 days or 10% of the construction period after taking possession of the site (whichever is the lesser), satisfy himself that the dimensional accuracy, alignment, levels and setting out of existing structures or components thereof are compatible with the proposed works and shall notify the Engineer of any areas of dissatisfaction.

C3.4.17 Wayleaves, Permissions and Permits

The Contractor shall be responsible for obtaining all of the necessary wayleaves, permissions or permits applicable to working near any existing services or other infrastructure on Site, and shall ensure that any wayleaves, permissions or permits obtained by the Employer’s Agent prior to the award of the contract are transferred into the Contractor’s name.

The Contractor shall abide by any conditions imposed by such wayleaves, permissions or permits. The Contractor shall ensure that all wayleaves, permissions and permits are kept on site and are available for inspection by the relevant service authorities on demand. The Contractor shall also ensure that any wayleaves in respect of electricity services are renewed timeously every three months.

C3.4.18 Construction in restricted areas

All works will be within restricted areas. The construction method used in these restricted areas largely depends on the Contractor's Plant. Notwithstanding, measurement and payment will be strictly according to the specified cross-sections and dimensions irrespective of the method used, and the rates and prices tendered will be deemed to include full compensation for any difficulties encountered by the Contractor while working in restricted areas. No extra payment or any claim for payment due to these difficulties will be considered.




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Part C3: Scope of work Management


CONTRACT No. CI-GG-0017-1

C3.5 Management C3.5.1 Standardised management specifications for construction works

None C3.5.2 Particular specifications

The Particular Specifications listed in Clause 3.6 of the Scope of Works apply to this Contract. C3.5.3 Construction Programme and Methods

The programme to be submitted by the Contractor in terms of the General Conditions of Contract shall be in the form of a bar chart with a horizontal time scale and shall clearly show all significant activities, the duration of all activities, the interdependencies (if any) of activities and the critical path of the overall programme, clearly related to the items or groups of items in the Bill of Quantities and indicating the quantity of work that will be completed each month and shall ideally be drawn up using a commercially available computer programme. The programme shall take account of and include a) all special non-working days b) allowance for inclement weather as provided for in Clause 5.12.2.2 of Contract Data. c) Known physical conditions or artificial obstructions d) Searching for, dealing with and carrying out alterations to existing services, and e) The accommodation and safeguarding of public access and traffic The Engineer can, in consultation with the Contractor, review and adjust the programme during the course of the contract to ensure that the annual budget is met.

C3.5.4 Sequence of the works

The Contractor shall include the sequence of works in the tender programme submitted with his tender offer. In determining the sequence of the works and in preparation of his Project Programme, the Contractor shall consider the following: a) Excavations shall remain open for the shortest possible time.

b) Least disruption to vehicular traffic on the parks road network.

c) During the December builders holiday all equipment and materials shall be removed from the work areas. The contractors camp site, unless authorized by the Engineer, during this period, shall be dismantled and removed from site for the period in question. The camp shall be re-established from the third week of January onwards. No open excavations shall be allowed during this period.

d) The sequence of works shall be programmed to ensure that during the December builders the large influx of tourist traffic over this period is not disrupted. The maximum allowable time for a STOP/GO traffic management system will be ten (10) minutes, where it is deemed necessary.

C3.5.5 Methods and procedures

The Contractor shall advise in his tender the methods and procedures that he proposes in performing the works. These methods and procedures shall not be deemed as terms of the Contract. The Contractor is also allowed to change his methods and procedures as he sees fit subject to the change being approved by the Engineer. Methods and procedures will not vary the specification and cannot be used to provide qualifications to the proposed agreement. The intention of the method statement is to provide the Engineer and the Employer with information as to how he proposes to perform the said works.

a) Normal working hours Normal working hours shall be between 06h00 until 18h00 (season dependant) on weekdays from Monday

to Friday and from 07h00 until 13h00 on Saturdays. Note that the parks access gates are locked after hours and the Contractor shall make provision for transporting his staff off site in good time. The park




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seasonal hours are; Winter: April - September 07:00 - 17:00 Summer: October - March 06:00 - 18:00 Work on other days or at other times shall only be allowed after agreement of the Employer and written

approval has been granted by the Engineer. b) Interference with the public The Contractor shall ensure that none of his staff interfere in any way with the public visiting the park and

shall be courteous at all times. Any person ignoring this shall be removed permanently from site, all at the expense of the Contractor.

C3.5.6 Quality plans and control.

Within 7 days after the commencement date the Contractor shall furnish the Engineer with a Quality Assurance and Control plan that incorporates all of the requirements of this specification.

C3.5.6.1 Quality System

The Contractor shall, for the purposes and duration of the Contract, operate and maintain a quality management system complying with the requirements of the ISO 9000-9004 series (as applicable). The Quality System shall take the form of a co-ordinated and formally documented statement and shall include quality management objectives, policies, organisation, procedures, and work instructions that demonstrate the Contractor's implementation of the requirements of ISO 9001 - 2000 Code for Quality Management Systems.

C3.5.6.2 Project Quality Plan

The Contractor's Project Quality Plan for the Contract shall indicate how the Contractor's Quality System shall apply to the specific requirements of the Contract. It shall clearly indicate, by way of written description, schedules, flow diagrams and procedures, compliance with ISO 9001 - 2000 and compliance by Sub-Contractors to ensure compliance with ISO 9001, 9002 or 9003 - 2000, as appropriate to the classification of the product or service. The Project Quality Plan shall identify all documentation concerning implementation of the procedures and will form part of the demonstration of conformance to requirements for the plant materials and equipment to be supplied under this Contract. The Project Quality Plan shall be subject to the Engineer's approval. The vocabulary used shall comply with the requirements of ISO 8402-1994.

C3.5.7 Site usage

The Contractor’s employees shall not be allowed to stay on site except for the duration of a working day. The only persons to be allowed on site for the duration of a calendar day shall be the site guard(s) or any personnel required to ensure proper traffic accommodation and control. Access to the site will be in a controlled manner. People visiting the site will have to sign in and out on a daily basis.

C3.5.8 Testing, completion, commissioning and correction of defects

Workmanship, tolerances and frequency of testing are to be in accordance with relevant specifications. The Employer reserves the right to appoint independent testing laboratories to monitor the results returned by the Contractor for the quality of materials and work performed. The Contractor shall conduct his own testing as work proceeds to ensure that the necessary requirements and specifications are being complied with. Once the Contractor is satisfied as to the completion of any stage of his work, he shall arrange for the following:

Necessary measurements (survey, levels, etc.) are taken for computation of quantities.




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Information must be submitted to the Engineer for approval.

The said stage shall be tested by his own laboratory, the Engineer and/or any other party requested by the Engineer. This testing shall take place jointly by all the parties involved and at the direction of the Engineer.

Only once the measurement information and the results from the required tests have been submitted to and approved by the Engineer, will the Engineer issue a site instruction to proceed with the next stage.

Both the Contractor and the Engineer will keep the measurement information and all test results for each stage in a filing system that will enable easy access. All samples taken for testing shall be suitably referenced to enable them to be traced. This includes a dimensioned site plan where necessary.

The Contractor shall arrange for each testing as described above at least 24 hours in advance. Should the Contractor fail to request an inspection timeously and proceed with work without the Engineer’s approval, this will be at his own risk.

C3.5.9 Recording of weather

The Contractor shall be responsible for keeping accurate records of weather conditions in the Daily Site Diary, to use as substantiation of any claim for extension of time in accordance with GCC, Clause 10.1 The Contractor will inform the Engineer when he is unable to proceed with the works in accordance with the approved contract program. Subject to the approval of the Engineer, the rainfall and other relevant notes will be noted in the Daily Site Diary for the applicable day/s. After the event the Contractor shall provide a revised contract program motivating if the delay affects his schedule to the extent that he will need to motivate for an extension of time in accordance with the relevant GCC Clause 10.1. The Engineer, together with the Employer, shall be responsible for granting the extension of time.

C3.5.10 Format of communications

All instructions to the Contractor will be in writing and shall be deemed to have been received if left with the Contractor or his agent at the site of the works or at the business premises of the Contractor. The format of the letters, invoices etc., will be determined and agreed at the first site meeting

C3.5.11 Key personnel

The Contractor is deemed to have in making his offer, all personnel available to perform the works entirely in the contracted time and cost. In addition he shall comply with the prevailing South African Act 85 of 1993, Occupational Health and Safety Act. The Tenderer shall state, in the format of a schedule, the posts for which he shall consider key personnel for the Site of Works. The Contractor, once formally requested by the Engineer, shall make available the contact details of all the key personnel on site. The Engineer and his duly appointed representative will be the key contacts on site.

3.5.12 Management meetings

Monthly Progress Meetings shall be held with the first meeting called the Site Handover meeting. The Contractor will be supplied with an appropriate agenda for the progress meetings and the meetings shall be chaired by the Engineer or his duly appointed representative. The Contractor shall arrange for the Contractor’s Project Manager and the Contractor’s Technical Supervisor to attend these meetings when called for by the Engineer. The Engineer or his duly appointed representative shall be responsible for issuing of the minutes.

C3.5.13 Forms for contract administration




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The Contract will be managed by, but is not limited to, site instructions, letters, minutes of meetings and quality forms signed by the Engineer or his duly appointed representative.

C3.5.14 Electronic payments

The Contractor shall provide his banking details to enable electronic payments to be made; such payments shall be at the direction of SANParks procurement policy.

C3.5.15 Daily records

A Daily Site Diary shall be used by the Contractor for recording day by day the state of the weather, the work done each day and full details of any circumstance which may affect the progress of the works. One original sheet and two copies shall be used for each day. The original sheet of each set of 3 pages will be retained by the Engineer or his representative. The Contractor may remove the second sheet but the third sheet shall be retained on the site until completion of the works, when it shall be handed over to the Engineer.

C3.5.16 Reporting

The Contractor shall submit a monthly progress report to the Engineer at least three days before each monthly site meeting and the report shall provide the following details: i) A summary of progress on site over the month preceding the site meeting as a detailed narrative to the

contract programme. ii) Those activities which are running late in terms of the accepted programme and the Contractor’s proposed

actions to redress the situation. iii) All plant, labour and materials utilised

C3.5.17 Payment certificates

The monthly payment certificate to be submitted by the Contractor in terms of the General Conditions shall be prepared by the Contractor at his own cost, strictly in accordance with the standard payment certificate prescribed by the Engineer, in digital electronic computer format. The Contractor shall, together with a copy of the digital electronic computer file of the statement, submit two (2) A4 size paper copies of the statement. For the purposes of the Engineer’s payment certificate, the Contractor shall subsequently be responsible, at his own cost, for making such adjustments to his statement as may be required by the Engineer for the purposes of accurately reflecting the actual quantities and amounts which the Engineer deems to be due and payable to the Contractor in the payment certificate. The Contractor shall, at his own cost, make the said adjustments to the statement and return it to the Engineer within three (3) normal workings days from the date on which the Engineer communicated to the Contractor the adjustments required. The Contractor shall submit to the Engineer two (2) sets of A4 size paper copies of such adjusted statement, together with a copy of the electronic digital computer file thereof. Any delay by the Contractor in making the said adjustments and submitting to the Engineer the requisite copies of the adjusted statement for the purposes of the Engineer’s payment certificate will be added to the times allowed to the Engineer in terms of the General Conditions to submit the signed payment certificate to the Employer and the Contractor and shall also be added to the period in which the Employer is required to make payment to the Contractor. Payment for particular items scheduled shall conform to the applicable payment clauses of the Pricing Data, Project Specifications and the Particular Specifications. Where retention money is applicable to a Contract, the retention money shall be deducted on the invoice from the total amount for work done and then the Value Added Tax (VAT) added to calculate the total amount payable on the invoice. If penalties are payable, they will be deducted prior to the addition of VAT but after the calculation of retention.

C3.5.18 As Built Data




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The Contractor will be given a complete set of prints of the drawings upon which he shall, as the work progresses, record all amendments to and deviations from the drawings as issued to him at the start of the contract and the actual positions and levels of all the works shall be accurately determined and recorded on these as-built drawings.

C3.5.19 Finishing and Tidying

As the works proceed the work areas shall be progressively and systematically finished off and tidied. Spoil, rubble and other materials shall not be allowed to accumulate.

The contractor shall recover all excess materials used in the works and remove from the park.

C3.5.20 Occupational Health and Safety Act

In terms of the provisions of Section 37(2) of the Occupational Health and Safety Act, Act No. 85 of 1993 (the Act) the Contractor as an employer in its own right and in its capacity as principal contractor for the execution of the works, shall have certain obligations and the following arrangement shall apply between the Contractor and the Employer to ensure compliance by the Contractor with the provisions of the Act: a) The Contractor undertakes to acquaint the appropriate officials and employees of the Contractor with all relevant

provisions of the Act and the Construction Regulations 2014 promulgated in terms of the Act, and b) The Contractor undertakes that all relevant duties, obligations and prohibitions imposed by the Act and the

Construction Regulations 2014 shall be fully complied with, and c) The Contractor shall be obliged to report forthwith to the Employer any investigation, complaint or criminal

charge which may arise as a consequence of the provisions of the Act or Construction Regulations 2014 pursuant to work performed on behalf of the Employer, and shall, on written demand, provide full details in writing of such investigation, complaint or criminal charge, and

d) The Contractor shall when called upon to do so, enter into and execute an agreement as provided for under

Section 37(2) of the Act. The agreement in the relevant form shall be submitted to the Employer together with a letter of good standing from the Compensation Commissioner within fourteen days after receipt of the Letter of Acceptance. The site will not be handed over to the Contractor until the Employer has received the completed Agreement and the letter of good standing.

C3.5.21 Accommodation of Traffic

The Contractor shall maintain close liaison with the SANPARKS Golden Gate management regarding the proposed works on vehicular access on the parks road network. It is a condition of this contract that traffic is accommodated, and all signage for roadworks is provided, in accordance with the Drawings and the requirements of Volume 2 Chapter 13 of the June 1999 edition of the South African Road Signs Manual. The Contractor shall make the best possible effort to minimise the extent of roadway required for construction and where a STOP/GO system is in place the maximum delay shall be 10 minutes. During the end of year builder’s break, all roads shall be opened to full width and all traffic control signage removed.

C3.5.22 Safety and Security

The Contractor shall be responsible for the safety and security of his personnel, materials on site and the works in general at all times. The Contractor shall therefore acquaint himself with the current situation in the areas (by liaising with the local police if necessary), and shall provide all security measures, including the employment of accredited security services, as he deems necessary to comply with the requirements of this clause. The Contractor shall ensure that the general public is at all times protected from the works, Where the normal use by the public of, and access to roadways and all other public areas is not available due to the construction works, adequate notices and signage of such temporary closures and alternative routes shall be provided.

C3.5.23 Environmental Care

The Contractor shall refer to the SANParks Environmental Management Plan which forms part of the Contracts




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specifications. The Contractor’s attention is drawn to the extreme environmentally sensitive nature of the site. It is the specific requirement of this Contract that the Contractor shall at all times adhere strictly to the Environmental Management Plan that forms part of the project specification. No constructional activities of any kind shall be permitted without the express prior written authority of the Engineer. Such written authority shall only be given after the Contractor has provided full details and work methods of the constructional activity he proposes and his staff have completed the awareness programme. SANParks shall nominate an Environmental Officer for the whole or part of the contract period to monitor the Contractor’s compliance with his specified obligations with regard to the Environmental Management Plan.

C3.5.24 Financial Management

This contract has a budget limit and shall be completed within this budget. The measurements in the Bill of Quantities shall be taken as provisional and Clause 6.11 of the General Conditions of Contract shall not apply to this Contract. During the course of the contract the Engineer shall determine the extent of work required to remain within budget and shall vary the quantities or areas or items of work accordingly. Any claims or variations that the Contractor requires to submit shall be done timeously and without delay. .




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Part C3: Scope of work Particular Specifications



C3.6 Annexes

CONTENTS

3.6.1 PARTICULAR SPECIFICATIONS

ANNEXURE A - HEALTH AND SAFETY SPECIFICATIONS FOR SOUTH AFRICAN NATIONAL PARKS

ANNEXURE B - ENVIRONMENTAL MANAGEMENT PLAN

ANNEXURE C - CODE OF CONDUCT FOR WORKING IN THE SOUTH AFRICAN NATIONAL PARKS




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Annexure A

Health and Safety Specifications for South African National Parks



114 Contract number No. CI-GG-0017-1

Health & Safety Specification: Error! Reference source not found.

HEALTH & SAFETY

SPECIFICATIONS

FOR



---------------------------------------------------------------------------

(Contractor)

Date: Septmeber 2016 Contact

person: Zama Mkhonza

Address: PO Box 787 Pretoria, 0001

Tel No: (012) 426 5199 Email Fax: 086 695 9139

Email:[email protected]

CONTENTS

1. PURPOSE OF THE HEALTH AND SAFETY SPECIFICATION 2. IMPLEMENTATION OF THE HEALTH AND SAFETY SPECIFICATION 3. APPLICATION AND INTERPRETATION 4. DEFINITIONS 5. GENERAL REQUIREMENTS

5.1 Duties of Principal Contractor / Contractor in terms of Construction Regulations 2014

5.2 Management and Supervision of Construction Work

5.3 Notification of Intention to Commence Construction Work

5.4 Construction Work Permit

5.5 Assignment of Contractor’s Responsible Persons to Manage Health and Safety on Site

5.6 Competency for Contractor’s Responsible Persons

5.7 Compensation of Occupational Injuries and Diseases Act 130 of 1993 (COIDA)

5.8 Occupational Health and Safety Policy

5.9 Health and Safety Organogram

5.10 Risk Assessments

5.11 Safe Work Procedures

5.12 Health and Safety Representative(s)

5.13 Health and Safety Committee

5.14 Medical Certificate of Fitness

5.15 Health and Safety Training o 5.15.1 Induction o 5.15.2 Awareness

5.16 Competency

5.17 General Record Keeping

5.18 General Inspection, Monitoring and Reporting

5.19 Emergency Procedures

5.20 First Aid Box and First Aid Equipment

5.21 Accident / Incident Reporting and Investigation

5.22 Hazards and Potential Situations

5.23 Occupational Health and Safety Signage

5.24 Management Of Contractors by Principal Contractor

5.25 Stacking of Materials

5.26 Housekeeping and General Safeguarding on Construction Sites

5.27 Construction Vehicles and Mobile Plant

5.28 Electrical Installations and Machinery on Construction Sites

5.29 Use and Temporary Storage of Flammable Liquids on Construction Sites

5.30 Water environments

5.31 Fire precautions on Construction Sites

5.32 Construction Employees' Facilities

5.33 Fall protection

5.34 Temporary works



5.35 Excavation

5.36 Demolition Work

5.37 Tunneling

5.38 Scaffolding

5.39 Bulk mixing plant

5.40 Rope Access Work

5.41 Hazardous Chemical Substances (HCS)

5.42 Hazardous Biological Substances (HBS)

5.43 Noise Induced Hearing Loss

5.44 Explosives and Blasting

5.45 Personal Protective Equipment (PPE)

5.46 Asbestos

5.47 Lead

5.48 Pressure Vessels (Including Gas Bottles)

5.49 Fire Extinguishers and Fire Fighting Equipment

5.50 Lifting Machinery and Tackle

5.51 Ladders and Ladder work

5.52 General Machinery

5.53 Portable Electrical Tools

5.54 High Voltage Electrical Equipment

5.55 Public Health and Safety

5.56 Night Work

5.57 Lighting

5.58 Environmental Conditions and Flora and Fauna

5.59 Occupational Health

5.60 Suspended Platforms

5.61 Material Hoists

5.62 Explosive Actuated Fastening Device 6. TRAINING, INSPECTIONS & RECORDS

Additional Requirements

Annexure A: Task Completion Form

Annexure B: Contractors Responsible Persons

7. PROJECT DETAILS

Project Directory

Project Details

Existing Environment

Project Health and Safety Requirements

Activities requiring approved Method Statements

Activities requiring Permits

General Arrangements

Protection of sit against Unauthorized access by public

Personal Protective Equipment

Hazardous Substance

8. BASELINE RISK ASSESMENT 9. HEALTH AND SAFETY SPECIFICATION ACKNOWLEDGEMENT RECEIPT



1. PURPOSE OF THE HEALTH AND SAFETY SPECIFICATION

This Health and Safety Specification has been prepared to comply with the requirements of the Construction Regulations 2014. The purpose of this site specific Health and Safety Specification is to comply with legal requirements and to provide health and safety information about specific project risks known by the Client, Designer and Client Agent to be applicable to this project. This document also provides minimum health and safety requirements, standards and expectations that the principal contractor and contractors must adhere to. The Contractor must take into account all information in this specification and ensure that their tenders include adequate resource and competence to deal with the matters detailed herein so that all relevant contents are dealt with in a way which is in compliance with legislation and the ethical concerns for the safeguarding of employees, contractors and other persons affected by the construction activities. The Health and Safety Specification will be implemented during construction of the works and any construction activity that the Client has control over. This will also assist in ensuring that all the costs related to the compliance with Occupational Health Act 85 of 1993 and the Construction Regulations 2014, as well as this Health and Safety Specification, are taken into consideration at Tender stage. No advice, approval of any document required by the Health and Safety Specification such as hazard identification and risk assessment action plans or any other form shall be construed as an acceptance by the Client of any obligation that absolves the Contractor from achieving the required level of performance and compliance with legal requirements. Further, there is no acceptance of liability by the Client which may result from the Contractor failing to comply with the Health and Safety Specification unless the Client has issued an instruction to any requirement, i.e. the Contractor remains responsible for achieving the required performance levels.

2. IMPLEMENTATION OF THE HEALTH AND SAFETY SPECIFICATION

This Health and Safety Specification forms an integral part of the Contract, and Contractors shall make it an integral part of their Contracts with Sub Contractors and Suppliers. Contractors employed by the Client are to ensure that the provisions of the Health and Safety Specification are applied both on the site and in respect of all off site activities relating to the project, in particular in transport activities and project dedicated off site fabrication works. The Contractor shall enforce the provisions of the Health and Safety Specification amongst all sub-contractors and suppliers for the project.

The Contractor shall sign the acknowledgment on the last page of this safety specification that he/she has familiarized him/herself with the content of the Health and Safety Specification and shall comply with all obligations in respect thereof.

The successful Contractor will be required to compile a Health and Safety Plan based on the requirements of the Occupational Health Act 85 of 1993 and these Specifications, which will need to be approved by Client prior to commencement with construction work.

3. APPLICATION AND INTERPRETATION

This document is to be read and understood in Conjunction with the following inter alia:

Occupational Health and Safety Act (Act 85 of 1993)

SABS codes and standards referred to by the Occupational Health and Safety Act

Regulations as per the Occupational Health and Safety Act (Act 85 of 1993) with specific reference but not limited to:

o General Safety Regulations (GN 928, 25 June 2003) o General Machinery Regulations (GN R1521, 5 August 1988) o Electrical Machinery Regulations (GN R250, 25 March 2011) o Electrical Installation Regulations (GN R242, 6 March 2009) o Driven Machinery Regulations (GN R1010, 18 July 2003) o Hazardous Chemical Substance Regulations (GN R930, 25 June 2003) o Hazardous Biological Agents Regulations( GN R 1390, 27 December

2001)

Basic Conditions of Employment Act (Act 75 of 1997)

SANParks Environmental Management Plan

SANParks Code of Conduct of working in a National Park

4. DEFINITIONS

ALL REFERENCES TO CLIENT IN THIS HEALTH AND SAFETY SPECIFICATION ALSO REFER TO CLIENT AGENT, WHERE SO APPOINTED. Definitions (as per the Construction Regulations 2014) applicable to this Health and Safety Specification:

"agent" means a competent person who acts as a representative for a client; "angle of repose" means the steepest angle of a surface at which a mass of loose or fragmented material will remain stationary in a pile on the surface, rather than sliding or crumbling away;



"bulk mixing plant" means machinery, appliances or other similar devices that are assembled in such a manner so as to be able to mix materials in bulk for the purposes of using the mixed product for construction work; "client" means any person for whom construction work is being performed; "competent person" means a person who has, in respect of the work or task to be performed, the required knowledge, training and experience and, where applicable, qualifications, specific to that work or task: Provided that where appropriate qualifications and training are registered in terms of the provisions of the National Qualification Framework Act, 2000 (Act No.67 of 2000), those qualifications and that training must be regarded as the required qualifications and training; and is familiar with the Act and with the applicable regulations made under the Act; "construction manager" means a competent person responsible for the management of the physical construction processes and the coordination, administration and management of resources on a construction site; "construction site" means a work place where construction work is being performed; "construction supervisor" means a competent person responsible for supervising construction activities on a construction site; "construction vehicle" means a vehicle used as a means of conveyance for transporting persons or material, or persons and material, on and off the construction site for the purposes of performing construction work; "construction work" means any work in connection with-

the construction, erection, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure; or

the construction, erection, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation system; or the moving of earth, clearing of land, the making of excavation, piling, or any similar civil engineering structure or type of work ;

"construction work permit" means a document issued in terms of regulation 3; "contractor" means an employer who performs construction work; "demolition work" means a method to dismantle, wreck, break, pull down or knock down of a structure or part thereof by way of manual labour, machinery, or the use of explosives; "design" in relation to any structure, includes drawings, calculations, design details and specifications; "designer" means a competent person who-

prepares a design;

checks and approves a design;

arranges for a person at work under his or her control to prepare a design, including an employee of that person where he or she is the employer; or

designs temporary work, including its components;

an architect or engineer contributing to, or having overall responsibility for a design;

a building services engineer designing details for fixed plant;

a surveyor specifying articles or drawing up specifications;

a contractor carrying out design work as part of a design and building project; or

an interior designer, shop-fitter or landscape architect; "excavation work" means the making of any man-made cavity, trench, pit or depression formed by cutting, digging or scooping; "explosive actuated fastening device" means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing; "fall arrest equipment" means equipment used to arrest a person in a fall, including personal equipment, a body harness, lanyards, deceleration devices, lifelines or similar equipment; "fall prevention equipment" means equipment used to prevent persons from falling from a fall risk position, including personal equipment, a body harness, lanyards, lifelines or physical equipment such as guard-rails, screens, barricades, anchorages or similar equipment; "fall protection plan" means a documented plan, which includes and provides for -

all risks relating to working from a fall risk position, considering the nature of work undertaken;

the procedures and methods to be applied in order to eliminate the risk of falling; and

a rescue plan and procedures; "fall risk" means any potential exposure to falling either from, off or into; "health and safety file” means a file, or other record containing the information in writing required by these Regulations; "health and safety plan" means a site, activity or project specific documented plan in accordance with the client's health and safety specification; "health and safety specification" means a site, activity or project specific document prepared by the client pertaining to all health and safety requirements related to construction work; "material hoist" means a hoist used to lower or raise material and equipment, excluding passengers; "medical certificate of fitness" means a certificate contemplated in regulation 7(8); "mobile plant" means any machinery, appliance or other similar device that is able to move independently, and is used for the purpose of performing construction work on a construction site;



"National Building Regulations" means the National Building Regulations made under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), and promulgated by Government Notice No. R. 2378 of 30 July 1990, as amended by Government Notices No's R. 432 of 8 March 1991, R. 919 of 30 July 1999 and R. 547 of 30 May 2008; "person day" means one normal working shift of carrying out construction work by a person on a construction site; "principal contractor" means an employer appointed by the client to perform construction work; "Professional Engineer or Professional Certificated Engineer" means a person holding registration as either a Professional Engineer or Professional Certificated Engineer in terms of the Engineering Profession Act, 2000 (Act No. 46 of 2000); "Professional Technologist" means a person holding registration as a Professional Engineering Technologist in terms of the Engineering Profession Act, 2000; "provincial director" means the provincial director as defined in regulation 1 of the General Administrative Regulations, 2003; "scaffold" means a temporary elevated platform and supporting structure used for providing access to and supporting workmen or materials or both; "shoring" means a system used to support the sides of an excavation and which is intended to prevent the cave-in or the collapse of the sides of an excavation; "structure" means-

any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge, waterworks, reservoir, pipe or pipeline, cable, sewer, sewage works, fixed vessels, road, drainage works, earthworks, dam, wall, mast, tower, tower crane, bulk mixing plant, pylon, surface and underground tanks, earth retaining structure or any structure designed to preserve or alter any natural feature, and any other similar structure;

any false work, scaffold or other structure designed or used to provide support or means of access during construction work; or

any fixed plant in respect of construction work which includes installation, commissioning, decommissioning or dismantling and where any construction work involves a risk of a person falling;

"suspended platform" means a working platform suspended from supports by means of one or more separate ropes from each support; "temporary works" means any false work, formwork, support work, scaffold, shoring or other temporary structure designed to provide support or means of access during construction work;

"the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); "tunneling" means the construction of any tunnel beneath the natural surface of the earth for a purpose other than the searching for or winning of a mineral.

5. GENERAL REQUIREMENTS

5.1 Duties of Principal Contractor / Contractor in terms of Construction Regulations 2014

A Principal Contractor must:

provide and demonstrate to the client a suitable, sufficiently documented and coherent site specific health and safety plan, based on the client's documented health and safety specifications, which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the principal contractor as work progresses;

open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client's agent or a contractor; and

on appointing any other contractor, in order to ensure compliance with the provisions of the Act –

o provide contractors who are tendering to perform construction work for the principal contractor, with the relevant sections of the health and safety specifications pertaining to the construction work which has to be performed;

o ensure that potential contractors submitting tenders have made sufficient provision for health and safety measures during the construction process;

o ensure that no contractor is appointed to perform construction work unless the principal contractor is reasonably satisfied that the contractor that he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely;

o ensure prior to work commencing on the site that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993;

o appoint each contractor in writing for the part of the project on the construction site

o take reasonable steps to ensure that each contractor's health and safety plan is implemented and maintained on the construction site;

o ensure that the periodic site audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days;

o stop any contractor from executing construction work which is not in accordance with the client's health and safety specifications and the principal contractor's health and safety plan for the site or which poses a threat to the health and safety of persons;



where changes are brought about to the design and construction, make available sufficient health and safety information and appropriate resources to the contractor to execute the work safely;

discuss and negotiate with the contractor the contents of their health and safety plan and finally approve that plan for implementation;

ensure that a copy of both the principal contractor and contractor’s health and safety plan is available on request to an employee, an inspector, a contractor, the client or the client's agent;

hand over a consolidated health and safety file to the client upon completion of the construction work, to include a record of all drawings, designs, materials used and other similar information concerning the completed structure;

in addition to the documentation required in the health and safety file include and make available a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the agreements between the parties and the type of work being done;

ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3.

A contractor must prior to performing any construction work-

provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the client's health and safety specification and provided by the principal contractor, which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the contractor as work progresses;

open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, and which must be made available on request to an inspector, the client, the client's agent or the principal contractor;

before appointing another contractor to perform construction work be reasonably satisfied that the contractor that he or she intends to appoint has the necessary competencies and resources to perform the construction work safely;

co-operate with the principal contractor as far as is necessary to enable each of them to comply with the provisions of the Act;

as far as is reasonably practicable, promptly provide the principal contractor with any information which might affect the health and safety of any person at work carrying out construction work on the site, any person who might be affected by the work of such a person at work, or which might justify a review of the health and safety plan.

Where a contractor appoints another contractor to perform construction work, the duties that apply to the principal contractor will apply to the contractor as if he or she were the principal contractor.

A principal contractor must take reasonable steps to ensure co-operation between

all contractors appointed by the principal contractor to enable each of those contractors to comply with these Regulations.

No contractor may allow or permit any employee or person to enter any site, unless that employee or person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry.

A contractor must ensure that all visitors to a construction site undergo health and safety induction pertaining to the hazards prevalent on the site and must ensure that such visitors have the necessary personal protective equipment.

A contractor must at all times keep on his or her construction site records of the health and safety induction training and such records must be made available on request to an inspector, the client, the client's agent or the principal contractor.

A contractor must ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3 (a template of which can be found in the Construction Regulations, 2014). 5.2 Management and Supervision of Construction Work

A principal contractor must, in writing, appoint one full-time competent person as the construction manager with the duty of managing all the construction work on a single site, including the duty of ensuring occupational health and safety compliance, and in the absence of the construction manager an alternate must be appointed by the principal contractor. A principal contractor must upon having considered the size of the project, in writing appoint one or more assistant construction managers for different sections thereof: Provided that the designation of any such person does not relieve the construction manager of any personal accountability for failing in his or her management duties in terms of this regulation. Where the construction manager has not appointed assistant construction managers, or, in the opinion of an inspector, a sufficient number of such assistant construction managers have not been appointed, that inspector must direct the construction manager in writing to appoint the number of assistant construction managers indicated by the inspector, and those assistant construction managers must be regarded as having been appointed. No construction manager appointed in terms of the Regulations may manage any construction work on or in any construction site other than the site in respect of which he or she has been appointed. A contractor must, after consultation with the client and having considered the size of the project, the degree of danger likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction health and safety officer in writing to assist in the control of all health and safety related aspects on the site: Provided that, where



the question arises as to whether a construction health and safety officer is necessary, the decision of an inspector is decisive. No contractor may appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer that he or she intends to appoint is registered with a statutory body approved by the Chief Inspector and has necessary competencies and resources to assist the contractor A construction manager must in writing appoint construction supervisors responsible for construction activities and ensuring occupational health and safety compliance on the construction site. A contractor must, upon having considered the size of the project, in writing appoint one or more competent employees for different sections thereof to assist the construction supervisor, and every such employee has, to the extent clearly defined by the contractor in the letter of appointment, the same duties as the construction supervisor: Provided that the designation of such employee does not relieve the construction supervisor of any personal accountability for failing in his or her supervisory duties. Where the contractor has not appointed such an employee, or, in the opinion of an inspector, a sufficient number of such employees have not been appointed, that inspector must instruct the employer to appoint the number of employees indicated by the inspector. No construction supervisor appointed may supervise any construction work on or in any construction site other than the site in respect of which he or she has been appointed: Provided that if a sufficient number of competent employees have been appropriately designated on all the relevant construction sites, the appointed construction supervisor may supervise more than one site. 5.3 Notification of Intention to Commence Construction Work

The Contractor shall notify the Provincial Director of the Department of Labour of the intention to commence construction work at least 7 days prior to the works commencing if the intended construction work will:

include excavation work

Include work at height where there is a risk of falling

Include the demolition of a structure, or

Include the use of explosives to perform construction work. If the construction work involves construction of a single storey dwelling for a client, and such client will be residing in such dwelling upon completion, the contractor must also notify the Provincial Director of the Department of Labour at least 7 days before the works commence. This must be done on a form similar to an Annexure 2 (template of which can be found in the Construction Regulations, 2014). A copy of the notification letter to the Provincial Director shall be forwarded to the Client for record purposes.

5.4 Construction Work Permit

It must be noted that from August 2015 all projects that meet the following criteria will require a construction work permit to be applied for at least 30 days prior to the work being carried out:

Exceeds 180 days

Will involve more than 1800 person days of construction work

Works contract is of a value equal to or exceeding thirteen million rand, or Construction Industry Grading Board (CIDB) grading level 6

It is the client’s responsibility to apply for this permit from the Provincial Director and construction work may not commence until the permit has been issued by the Provincial Director. A copy of this permit will be required to be kept in the principal contractors safety file, and the site specific number issued by the Provincial Director must be displayed at the site entrance. 5.5 Assignment of Contractor’s Responsible Persons to Manage Health and Safety on Site

The Contractor shall submit management and supervisory appointments as well as any relevant appointments in writing (as stipulated by the Construction Regulations 2014 and the Occupational Safety and Health Act 1993), prior to commencement of work (refer to Annexure B at the end of this Health and Safety Specification).

5.6 Competency for Contractor’s Responsible Persons

The Contractor’s responsible persons shall be competent in health and safety and be familiar with the Occupational Health and Safety Act 1993, and applicable regulations. Valid proof of pertinent health and safety courses attended by such persons will be required to be presented to the Client. 5.7 Compensation of Occupational Injuries and Diseases Act 130 of 1993 (COIDA)

The successful Contractor shall submit to the Client a valid letter of good standing with the Compensation Insurer prior to appointment. 5.8 Occupational Health and Safety Policy

The Contractor shall submit their Health and Safety Policy, prior to construction commencement, signed by the Chief Executive Officer. The Policy must outline objectives and how they will be achieved and implemented within the operations. 5.9 Health and Safety Organogram



The Contractor shall submit an organogram, prior to construction commencement, outlining the Health and Safety Site Team that will be assigned to the project, if successful with the tender. In cases where appointments have not been made, the organogram shall reflect the position. The organogram shall be updated, when there is a change in the site team. 5.10 Risk Assessments

Baseline Risk Assessment

The Client shall cause a baseline risk assessment to be conducted by a competent person before the design process and tender process commence, and the assessed risks shall form part of the health and safety specifications. The Contractor must, before commencement of any construction work, and during construction work, have risk assessments performed by a competent person appointed in writing, which risk assessments form part of the health and safety plan to be applied on the site and must include:

The identification of the risks and hazards to which persons may be exposed to;

An analysis and evaluation of the risks and hazards identified; based on a documented method

A documented plan and applicable safe work procedures to mitigate, reduce or control the risks and hazards that have been identified;

A monitoring plan; and

A review plan The Contractor must ensure that, as far as is reasonably practicable, ergonomic related hazards are analysed, evaluated and addressed in a risk assessment. The Contractor must ensure that all employees under his control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures and/or control measures before any work commences and thereafter at the times determined in the risk assessment monitoring and review plan of the relevant site.

The Principal Contractor must ensure that all contractors are informed regarding any hazard that is stipulated in the risk assessment before any work commences and thereafter at the times determined in the risk assessment monitoring and review plan of the relevant site.

The Contractor must consult with the health and safety committee or with a representative trade union or representative group of employees if no health and safety committee exists, on the monitoring and review of the risk assessments for the site. The Contractor must ensure that copies of risk assessment for this site are available on site for inspection purposes by interested parties (inspector, the client, client’s agent, any contractor, any employee, a representative trade union, a health and safety representative or safety committee member.

A Contractor must review the relevant risk assessment where changes are effected to the design and/or construction that result in a change to the risk profile, or when an incident has occurred.

Preventative measures must first address the elimination of the hazard or risk. Should PPE be required to reduce risk, the equipment or clothing to be used must be SABS approved

In general the Contractor must ensure that the Risk Assessment involves identifying the hazards present in a work activity on site. This is followed by an evaluation of the extent of the risk involved taking into account those precautions already being taken. The following general principle should be followed when conducting a risk assessment:

All relevant risks and/or hazards should be systematically addressed;

The risk assessment should address what actually happens in the workplace during the work activity;

All employees and those who may be affected must be considered, including maintenance staff, security guards, visitors and subcontractors;

The risk assessment should highlight those groups and individuals who may be required to work alone or who have disabilities;

The risk assessment process should take into account the existing safety measures and controls.

The level of detail on a risk assessment should be appropriate to the level of risk. 5.11 Safe Work Procedures Safe Work Procedures are to form part of the H&S Plan and must be compiled for all the identified activities.

The safe work procedures must address the following elements:

The work method to be followed to conduct work safely

Mitigation of identified risks

Reducing and controlling risks and hazards that have been identified

Responsibilities of competent persons

Required personal protective equipment

Correct equipment/tools/machinery to be used

Reference to relevant registers to be completed

Reference to applicable risk assessment 5.12 Health and Safety Representative(s)

The Contractor shall ensure that Health and Safety Representative(s) is/are elected and trained to carry out his / her functions. The appointment must be in writing. The Health and Safety Representative shall carry out regular inspections, keep records and report to the supervisor to take appropriate action. He / she shall attend Health and Safety Committee Meetings. The Health and Safety Representative shall be part of the team that will investigate incidents, accidents and non-conformances.



5.13 Health and Safety Committee

Where two or more health and safety representatives have been appointed on site, the Contractor shall ensure that monthly health and safety meetings are held with such representatives and minutes are kept on record. Meetings must be organized and chaired by the Contractor’s Health and Safety Committee Chairperson. Minutes of these meetings must be available for the employees of the contractor to refer to. 5.14 Medical Certificate of Fitness

The contractor must ensure that their employees on site have a valid medical certificate of fitness, specific to the construction work being performed, issued by an occupational health practitioner in the form of an Annexure 3 template (refer to the Construction Regulations 2014 on the Department of Labour website for a sample of this form). 5.15 Health and Safety Training

The Contractor shall quarterly conduct a training needs analysis to ascertain what health and safety training is required. A plan of action should be devised and forwarded to the Client for records. Once the identified people have attended the training, the Contractor must provide the Client with copies of certificates obtained. 5.15.1 Induction

No Contractor may allow or permit any employee or person to enter site unless they have undergone health and safety induction training pertaining to the hazards prevalent on site at the time of entry. This includes visitors to site. The Contractor must ensure that visitors to site have the necessary protective equipment (PPE). A copy of attendance registers of all employees who attend inductions shall be kept. 5.15.2 Awareness

The Contractor shall conduct periodic toolbox talks on site, preferably weekly or before any hazardous work takes place. The talks shall cover the relevant activity and an attendance register must be signed by all attendees. This record of who attended and the content of the topic will be kept on the site health a safety file as evidence of training 5.16 Competency

After the Contractor has identified the training to be conducted as part of the competency requirement, and based on Risk Assessment, he shall send the relevant persons on appropriate courses and keep certificates of training for reference. Familiarity with the Health and Safety Act and Regulations is an integral part of the definition of competence.

5.17 General Record Keeping

The Contractor shall keep and maintain Health and Safety records to demonstrate compliance with the Health and Safety Specification and the Occupational Health and Safety Act. The contractor shall ensure that all records of incidents, spot fines, training etc. are kept on site. All documents shall be available for inspection by the Client, or the Department of Labour’s Inspectors. 5.18 General Inspection, Monitoring and Reporting

The Contractor shall carry out inspections as required by Annexure C in this Health and

Safety Specification, as well as by health and safety legislation. 5.19 Emergency Procedures

The Contractor shall submit a detailed Emergency Procedure for approval by the Client prior to commencement on site. The procedure shall detail the response plan including the following:

List of key personnel;

Details of emergency services;

Actions or steps to be taken in the event of the emergency; and

Information on hazardous materials / situations, including each material’s hazardous potential impact or risk on the environment or human and measures to be taken in the event of an accident.

Emergency procedure(s) shall include, but shall not be limited to, fire, spills, accidents to employees, use of hazardous substances, dangers as a result of riot / service deliver protests / intimidation, etc. The Contractor shall advise the Client in writing of any on-site emergencies, together with a record of action taken, within 24 hours of the emergency occurring. A contact list of all service providers (Fire Department, Ambulance, Police, Medical and Hospital, etc) must be maintained and available to site personnel. 5.20 First Aid Box and First Aid Equipment

The Contractor shall provide first aid box/es and appoint, in writing, First Aider(s) for this project in line with the results of the Contractor’s risk assessment for the project, this health and safety specification as well as the provisions of the General Safety Regulations. The appointed First Aider(s) are to be sent for accredited first aid training before starting on site. Valid certificates are to be kept on site. First Aid box/es must be adequately stocked at all time, accessible and be controlled by a qualified First Aider. If required by the Client, the Contractor shall have a stretcher on site to be used in case of a serious incident. 5.21 Accident / Incident Reporting and Investigation

The Contractor shall, in addition to the prescribed requirements of the Occupational Health and Safety Act and General Safety Regulations, investigate, record and report all Section 24



reportable incidents to the Client within 24 hours of the incident occurring. Incident investigations shall be conducted by the Contractor’s appointed Accident Investigator – this Investigator must be a competent person or persons who have sufficient knowledge to carry out an investigation. In the event of a fatality or a permanent disabling injury the Contractor must submit proof of reporting of incident to Department of Labour as well as proof of preventative measures to the Client. The Client reserves the right to conduct investigations into any incidents that they deem fit and the Contractor is required to provide full co-operation in this regard. 5.22 Hazards and Potential Situations

The Contractor shall immediately notify other Contractors of any hazardous or potentially hazardous situations, which may arise during performance of the activities. 5.23 Occupational Health and Safety Signage

The Contractor shall ascertain and provide adequate on site health and safety signage. This signage shall include, but shall not be limited to, Hard Hat / Helmet Area; Safety Shoes to be worn on site; Dust Masks to be worn in areas where there might be exposure to excessive dust; Ear Plugs / Muffs to be worn where there might be noise exposure over 85 db; Gloves; Safety Goggles; Safety Harness, Workers in Excavation, traffic management, etc. The Contractor shall be responsible to maintain the quality and replacement of signage. 5.24 Management Of Contractors by Principal Contractor

The Principal Contractor shall ensure that all contractors under his control are complying with the respective Health and Safety Plans, as well as Health and Safety Legislation. 5.25 Stacking of Materials

In addition to the provisions for the stacking of articles in the General Safety Regulations, 2003, the contractor must ensure that –

a competent person is appointed in writing with the duty of supervising all stacking and storage on a construction site;

adequate storage areas are provided;

there are demarcated storage areas; and

storage areas are kept neat and under control. 5.26 Housekeeping and General Safeguarding on Construction Sites

A contractor must, in addition to compliance with the Environmental Regulations for Workplaces, 1987, promulgated by Government Notice No. R. 2281 of 16 October 1987, ensure that suitable housekeeping is continuously implemented on each construction site, including-

the proper storage of materials and equipment;

the removal of scrap, waste and debris at appropriate intervals;

ensuring that materials required for use, are not placed on the site so as to obstruct means of access to and egress from workplaces and passageways;

ensuring that materials which are no longer required for use, do not accumulate on and are removed from the site at appropriate intervals;

ensuring that waste and debris are not disposed of from a high place with a chute, unless the chute complies with the requirements set out in the regulations;

ensuring that construction sites in built-up areas adjacent to a public way are suitably and sufficiently fenced off and provided with controlled access points to prevent the entry of unauthorized persons; and

ensuring that a catch platform or net is erected above an entrance or passageway or above a place where persons work or pass under, or fencing off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe in the case of danger of possibility of persons being struck by falling objects.

5.27 Construction Vehicles and Mobile Plant

A contractor must ensure that all construction vehicles and mobile plant-

are of an acceptable design and construction;

are maintained in a good working order;

are used in accordance with their design and the intention for which they were designed, having due regard to safety and health;

are operated by a person who-

has received appropriate training, is certified competent and in possession of proof of competency and is authorised in writing to operate those construction vehicles and mobile plant;

has a medical certificate of fitness to operate those construction vehicles and mobile plant, issued by an occupational health practitioner in the form of Annexure 3.

have safe and suitable means of access and egress;

are properly organized and controlled in any work situation by providing adequate signalling or other control arrangements to guard against the dangers relating to the movement of vehicles and plant, in order to ensure their continued safe operation;

are prevented from falling into excavations, water or any other area lower than the working surface by installing adequate edge protection, which may include guard-rails and crash barriers;

are fitted with structures designed to protect the operator from falling material or from being crushed should the vehicle or mobile plant overturn;

are equipped with an acoustic warning device which can be activated by the operator;

are equipped with an automatic acoustic reversing alarm; and

are inspected by the authorised operator or driver on a daily basis using a relevant checklist prior to use and that the findings of such inspection are recorded in a register kept in the construction vehicle or mobile plant.

A contractor must ensure that-



no person rides or is required or permitted to ride on a construction vehicle or mobile plant otherwise than in a safe place provided thereon for that purpose;

every construction site is organized in such a way that, as far as is reasonably practicable, pedestrians and vehicles can move safely and without risks to health;

the traffic routes are suitable for the persons, construction vehicles or mobile plant using them, are sufficient in number, in suitable positions and of sufficient size;

every traffic route is, where necessary, indicated by suitable signs;

all construction vehicles and mobile plant left unattended at night, adjacent to a public road in normal use or adjacent to construction areas where work is in progress, have appropriate lights or reflectors, or barricades equipped with appropriate lights or reflectors, in order to identify the location of the vehicles or plant;

all construction vehicles or mobile plant when not in use, have buckets, booms or similar appendages, fully lowered or blocked, controls in a neutral position, motors stopped, wheels chocked, brakes set and ignition secured;

whenever visibility conditions warrant additional lighting, all mobile plant are equipped with at least two headlights and two taillights when in operation;

tools, material and equipment are secured and separated by means of a physical barrier in order to prevent movement when transported in the same compartment with employees;

vehicles used to transport employees have seats firmly secured and adequate for the number of employees to be carried; and

all construction vehicles or mobile plant travelling, working or operating on public roads comply with the requirements of the National Road Traffic Act, 1996.

5.28 Electrical Installations and Machinery on Construction Sites

A contractor must, in addition to compliance with the Electrical Installation Regulations and the Electrical Machinery Regulations, ensure that –

before construction commences and during the progress thereof, adequate steps are taken to ascertain the presence of and guard against danger to workers from any electrical cable or apparatus which is under, over or on the site;

all parts of electrical installations and machinery are of adequate strength to withstand the working conditions on construction sites;

the control of all temporary electrical installations on the construction site is designated to a competent person who has been appointed in writing for that purpose;

all temporary electrical installations used by the contractor are inspected at least once a week by a competent person and the inspection findings are recorded in a register kept on the construction site; and

all electrical machinery is inspected by the authorized operator or user on a daily basis using a relevant checklist prior to use and the inspection findings are recorded in a register kept on the construction site.

5.29 Use and Temporary Storage of Flammable Liquids on Construction Sites

A contactor must, in addition to compliance with the provisions for the use and storage of flammable liquids in the General Safety Regulations, 2003, ensure that –

where flammable liquids are being used, applied or stored at the workplace concerned, it is done in a manner that does not cause a fire or explosion hazard, and that the workplace is effectively ventilated;

no person smokes in any place in which flammable liquid is used or stored, and the contractor must affix a suitable and conspicuous notice at all entrances to any such areas prohibiting such smoking;

an adequate amount of efficient fire-fighting equipment is installed in suitable locations around the flammable liquids store with the recognized symbolic signs;

only the quantity of flammable liquid needed for work on one day is taken out of the store for use;

all containers holding flammable liquids are kept tightly closed when not in actual use and, after their contents have been used up, are removed from the construction site and safely disposed of;

where flammable liquids are decanted, the metal containers are bonded and earthed; and

no flammable material, including cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids

5.30 Water environments

Not applicable on this project.. 5.31 Fire precautions on Construction Sites

A contractor must, in addition to compliance with the Environmental Regulations for Workplaces, 1987, ensure that –

all appropriate measures are taken to avoid the risk of fire;

sufficient and suitable storage is provided for flammable liquids, solids and gases;

smoking is prohibited and notices in this regard are prominently displayed in all places containing readily combustible or flammable materials;

in confined spaces and other places in which flammable gases, vapours or dust can cause danger-

o only suitably protected electrical installations and equipment, including portable lights, are used;

o there are no flames or similar means of ignition; o there are conspicuous notices prohibiting smoking; o oily rags, waste and other substances liable to ignite are without delay

removed to a safe place; and o adequate ventilation is provided;

combustible materials do not accumulate on the construction site;

welding, flame cutting and other hot work are done only after appropriate precautions have been taken to reduce the risk of fire;

suitable and sufficient fire-extinguishing equipment is placed at strategic locations or as may be recommended by the Fire Chief or local authority concerned, and that such equipment is maintained in a good working order;



the fire equipment contemplated above is inspected by a competent person, who has been appointed in writing for that purpose, in the manner indicated by the manufacturer thereof;

a sufficient number of workers are trained in the use of fire- extinguishing equipment;

where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire;

the means of escape is kept clear at all times;

there is an effective evacuation plan providing for all - o persons to be evacuated speedily without panic; o persons to be accounted for; and o plant and processes to be shut down; and o a siren is installed and sounded in the event of a fire.

5.32 Construction Employees' Facilities

A contractor must, in terms of the Construction Regulations 2014, provide:

Shower facilities after consultation with the employees or employees representatives, or at least one shower facility for every 15 persons;

at least one sanitary facility for each sex and for every 30 workers;

changing facilities for each sex;

and sheltered eating area. A contractor must provide reasonable and suitable living accommodation for the workers at construction sites who are far removed from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available. 5.33 Fall protection

The Contractor must:

designate a competent person to be responsible for the preparation of a fall protection plan

ensure that the fall protection plan contemplated above is implemented, amended where and when necessary and maintained as required; and

take steps to ensure continued adherence to the fall protection plan. A fall protection plan contemplated above must include-

a risk assessment of all work carried out from a fall risk position and the procedures and methods used to address all the risks identified per location;

the processes for the evaluation of the employees' medical fitness necessary to work at a fall risk position and the records thereof;

a programme for the training of employees working from a fall risk position and the records thereof;

the procedure addressing the inspection, testing and maintenance of all fall protection equipment; and

a rescue plan detailing the necessary procedure, personnel and suitable equipment required to affect a rescue of a person in the event of a fall incident to ensure that the rescue procedure is implemented immediately following the incident.

A contractor must ensure that a construction manager appointed under regulation 8(1) is in possession of the most recently updated version of the fall protection plan. A contractor must ensure that all unprotected openings in floors, edges, slabs, hatchways and stairways are adequately guarded, fenced or barricaded or that similar means are used to safeguard any person from falling through such openings; Also that no person is required to work in a fall risk position, unless such work is performed safely as contemplated in above and fall prevention and fall arrest equipment are approved as suitable and of sufficient strength for the purpose for which they are being used, having regard to the work being carried out and the load, including any person, they are intended to bear; and securely attached to a structure or plant, and the structure of plant and the means of attachment thereto are suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and person who could fall, and fall arrest equipment is used only where it is not reasonably practicable to use fall prevention equipment. 5.34 Temporary works

A contractor must appoint a temporary works designer in writing to design, inspect and approve the erected temporary works on site before use. A contractor must ensure that all temporary works operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose. A contractor must ensure that-

all temporary works structures are adequately erected, supported, braced and maintained by a competent person so that they are capable of supporting all anticipated vertical and lateral loads that may be applied to them, and that no loads are imposed onto the structure that the structure is not designed to withstand;

all temporary works structures are done with close reference to the structural design drawings, and where any uncertainty exists the structural designer should be consulted;

detailed activity specific drawings pertaining to the design of temporary works structures are kept on the site and are available on request to an inspector, other contractors, the client, the client's agent or any employee;

all persons required to erect, move or dismantle temporary works structures are provided with adequate training and instruction to perform those operations safely;

all equipment used in temporary works structure are carefully examined and checked for suitability by a competent person, before being used;

all temporary works structures are inspected by a competent person immediately before, during and after the placement of concrete, after inclement weather or any other imposed load and at least on a daily basis until the temporary works structure has been removed and the results have been recorded in a register and made available on site;



no person may cast concrete, until authorization in writing has been given by the competent person contemplated above;

if, after erection, any temporary works structure is found to be damaged or weakened to such a degree that its integrity is affected, it is safely removed or reinforced immediately;

adequate precautionary measures are taken in order to-

secure any deck panels against displacement; and

prevent any person from slipping on temporary works due to the application of release agents;

as far as is reasonably practicable, the health of any person is not affected through the use of solvents or oils or any other similar substances;

upon casting concrete, the temporary works structure is left in place until the concrete has acquired sufficient strength to safely support its own weight and any imposed load, and is not removed until authorization in writing has been given by the competent person

the foundation conditions are suitable to withstand the loads caused by the temporary works structure and any imposed load in accordance with the temporary works design.

provision is made for safe access by means of secured ladders or staircases for all work to be carried out above the foundation bearing level;

a temporary works drawing or any other relevant document includes construction sequences and methods statement;

the temporary works designer has been issued with the latest revision of any relevant structural design drawing;

a temporary works design and drawing is used only for its intended purpose and for a specific portion of a construction site; and

the temporary works drawings are approved by the temporary works designer before the erection of any temporary works.

No contractor may use a temporary works design and drawing for any works other than its intended purpose. 5.35 Excavation

A contractor must-

ensure that all excavation work is carried out under the supervision of a competent person who has been appointed in writing for that purpose; and

Evaluate, as far as is reasonably practicable, the stability of the ground before excavation work begins.

A contractor who performs excavation work-

must take reasonable and sufficient steps in order to prevent, as far as is reasonably practicable, any person from being buried or trapped by a fall or dislodgement of material in an excavation;

may not require or permit any person to work in an excavation which has not been adequately shored or braced: Provided that shoring and bracing may not be necessary where-

the sides of the excavation are sloped to at least the maximum angle of repose measured relative to the horizontal plane; or

such an excavation is in stable material: Provided that-

permission has been given in writing by the appointed competent person contemplated above upon evaluation by him or her of the site conditions; and

where any uncertainty pertaining to the stability of the soil still exists, the decision from a professional engineer or a professional technologist competent in excavations is decisive and such a decision must be noted in writing and signed by both the competent person and the professional engineer or technologist, as the case may be;

must take steps to ensure that the shoring or bracing contemplated above is designed and constructed in a manner that renders it strong enough to support the sides of the excavation in question;

must ensure that no load, material, plant or equipment is placed or moved near the edge of any excavation where it may cause its collapse and consequently endangers the safety of any person, unless precautions such as the provision of sufficient and suitable shoring or bracing are taken to prevent the sides from collapsing;

must ensure that where the stability of an adjoining building, structure or road is likely to be affected by the making of an excavation, steps are taken to ensure the stability of such building, structure or road and the safety of persons;

must cause convenient and safe means of access to be provided to every excavation in which persons are required to work, and such access may not be further than six meters from the point where any worker within the excavation is working;

must ascertain, as far as is reasonably practicable, the location and nature of electricity, water, gas or other similar services which may in any way be affected by the work to be performed, and must before the commencement of excavation work that may affect any such service, take the steps that are necessary to render the circumstances safe for all persons involved;

o must ensure that every excavation, including all bracing and shoring, is inspected-

o daily, prior to the commencement of each shift; o after every blasting operation; o after an unexpected fall of ground; o after damage to supports; and o after rain,

by the competent person, in order to ensure the safety of the excavation and of persons, and those results must be recorded in a register kept on site and made available on request to an inspector, the client, the client's agent, any other contractor or any employee;

must cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares, or whereby the safety of persons may be endangered, to be –

o adequately protected by a barrier or fence of at least one metre in height and as close to the excavation as is practicable; and



o provided with warning illuminates or any other clearly visible boundary indicators at night or when visibility is poor, or have resort to any other suitable and sufficient precautionary measure where this is not practicable;

must ensure that all precautionary measures stipulated for confined spaces as determined in the General Safety Regulations, 2003, are complied with by any person entering any excavation;

must, where the excavation work involves the use of explosives, appoint a competent person in the use of explosives for excavation, and must ensure that a method statement is developed by that person in accordance with the applicable explosives legislation; and

must cause warning signs to be positioned next to an excavation within which or where persons are working or carrying out inspections or tests.

5.36 Demolition Work

Not applicable on this project.. 5.37 Tunnelling

Not applicable on this project. 5.38 Scaffolding

A contractor must appoint a competent person in writing who must ensure that all scaffolding work operations are carried out under his or her supervision and that all scaffold erectors, team leaders and inspectors are competent to carry out their work. A contractor using access scaffolding must ensure that such scaffolding, when in use, complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act. 5.39 Bulk mixing plant

A contractor must ensure that the operation of a bulk mixing plant is supervised by a competent person who has been appointed in writing and is –

aware of all the dangers involved in the operation thereof; and

conversant with the precautionary measures to be taken in the interest of health and safety.

No person supervising or operating a bulk mixing plant may authorize any other person to operate the plant, unless that person is competent to operate a bulk mixing plant. A contractor must ensure that the placement and erection of a bulk mixing plant complies with the requirements set out by the manufacturer and that such plant is erected as designed. A contractor must ensure that all devices to start and stop a bulk mixing plant are provided and that those devices are placed in an easily accessible position and constructed in a manner to prevent accidental starting.

A contractor must ensure that the machinery and plant selected is suitable for the mixing task and that all dangerous moving parts of a mixer are placed beyond the reach of persons by means of doors, covers or other similar means. No person may remove or modify any guard or safety equipment relating to a bulk mixing plant, unless authorized to do so by the appointed person. A contractor must ensure that all precautionary measures stipulated for confined spaces as determined in the General Safety Regulations, 2003, are complied with when entering any silo. A contractor must ensure that a record is kept of all repairs or maintenance to a bulk mixing plant and that the record is available on site to an inspector, the client, the client's agent or any employee. 5.40 Rope Access Work

Not applicable on this project. 5.41 Hazardous Chemical Substances (HCS)

In addition to the requirements in the HCS Regulations, the principal contractor must provide proof in the Health and Safety Plan that:

Material Safety Data Sheets (MSDS’s) of the relevant materials / hazardous chemical substances are available prior to use by the contractor. All MSDS’s shall be available for inspection by the agent at all times.

Risk assessments are done at least once every 6 months.

Exposure monitoring is done according to OESSM and by an Approved Inspection Authority (AIA) and that the medical surveillance programme is based on the outcomes of the exposure monitoring.

How the relevant HCS’s are being/going to be controlled by referring to: o Limiting the amount of HCS o Limiting the number of employees o Limiting the period of exposure o Substituting the HCS o Using engineering controls o Using appropriate written work procedures

The correct PPE is being used.

HCS are stored and transported according to SABS 072 and 0228.

Training with regards to these regulations was given. The Health and Safety plan should make reference to the disposal of hazardous waste on classified sites and the location thereof (where applicable). The First Aider must be made aware of the MSDS and trained in how to treat HCS incidents appropriately.



5.42 Hazardous Biological Substances (HBS)

Because of the possible exposure of workers to raw sewage the H&S Plan shall include details of the following:

The conducting of Risk Assessment specifically aimed at exposure to HBA which shall include the following

o Nature and dose of HBA o Where HBA may be present and in what physical form o The nature of work or process o Steps in the event of failure of control measures o The effect of the HBA o The period of exposure o Control measures to be implemented

Monitoring of exposure of workers shall be conducted to establish whether any worker is infected with an HBA associated with working or being exposed to raw sewage, in terms of the following:

o By an occupational medical practitioner o Before entering the site to establish the workers baseline o During the period of the contract the risk assessment indicate possible

exposure o After completion of the contract

Medical surveillance should such be required after the above-mentioned by an occupational health practitioner.

Indication on how all records of assessment, monitoring, etc will be kept, taking into account that records have to be kept for a period of 40 years.

How exposure to HBA is to be controlled

The provision of personal protective equipment

What information and training is to be provided to employees regarding the following:

o The contents of these regulations o Potential risks to health o Control measures to be implemented o The correct use and maintenance of personal protective equipment o The results of the risk assessment.

5.43 Noise Induced Hearing Loss

Where noise is identified as a hazard the requirements of the NIHL regulations must be complied with and the following must be included / referred to in the Health and Safety Plan:

Proof of training with regards to these regulations.

Risk assessment done within 1 month of commencement of work.

That monitoring carried out by an AIA and done according to SABS 083.

Medical surveillance programme established and maintained for the necessary employees.

Control of noise by referring to: o Engineering methods considered

o Admin control (number of employees exposed) considered o Personal protective equipment considered/decided on o Describe how records are going to be kept for 40 years.

5.44 Explosives and Blasting

Not applicable on this project. 5.45 Personal Protective Equipment (PPE)

The Contractor shall carry out PPE or clothing needs analysis in accordance with his risk assessment, to determine the necessary PPE or clothing to be used during construction. The Contractor shall make provision and keep adequate quantities of SABS approved PPE or clothing on site at all times. The Contractor must ensure that personnel are trained in the correct use of PPE to be used. The Contractor must ensure that lost, stolen, worn out or damaged PPE is replaced as required and receipt signed for by employees on site. 5.46 Asbestos

Not applicable on this project. Should asbestos be identified as a hazard whilst work is carried out, the following must be included in the health and safety plan:

Notification to the Provincial Director in writing, prior to commencement of asbestos work.

Proof of a structured medical surveillance programme, drawn up by an occupational medicine practitioner.

Proof that an occupational health practitioner carried out an initial health evaluation within 14 days after commencement of work.

Copies of the results of all assessments, exposure monitoring and the written inventory of the location of the asbestos at the workplace.

Only proof that medical surveillance has been conducted and not the actual records itself since these areas of a confidential nature.

How records are going to be kept safe for the stipulated period of 40 years.

Proof that asbestos demolition (if applicable) is going to be done by a registered asbestos contractor and provide proof that a plan of work for such demolition is submitted to an Approved Asbestos Inspection Authority 30 days prior to commencement of the demolition.

Provide proof that the plan of work was approved by the asbestos AIA and submitted to the provincial director 14 days prior to commencement of demolition work together with the approved standardised procedures for demolition work

5.47 Lead



Not applicable on this project. Should lead be identified as a hazard whilst work is carried out, the following must be included in the health and safety plan:

Proof that an occupational health practitioner carried out an initial health evaluation within 14 days after commencement of work.

Copies of the results of all assessments, exposure monitoring and the written inventory of the location of the lead at the workplace.

Only proof that medical surveillance has been conducted and not the actual records since these are of a confidential nature.

How records are going to be kept safe for the stipulated period of 40 years. 5.48 Pressure Vessels (Including Gas Bottles)

Not applicable on this project. 5.49 Fire Extinguishers and Fire Fighting Equipment

The Contractor shall provide adequate, regularly serviced fire extinguishers located at strategic points on site. The Contractor shall keep spare serviced portable fire extinguishers. The Contractor shall have adequate persons trained or competent to use the Fire Fighting Equipment. Safety signage shall be posted up in all areas where fire extinguishers are located. 5.50 Lifting Machinery and Tackle

Not applicable on this project. 5.51 Ladders and Ladder work

The Contractor shall ensure that all ladders are numbered and inspected regularly keeping record of inspections. It should be noted that Aluminium ladders are preferred to wooden ladders. 5.52 General Machinery

The Contractor shall comply with the Driven Machinery Regulations, which include inspecting machinery regularly, appointing a competent person to inspect and ensure maintenance, issuing PPE or clothing and training those that use machinery and enforce compliance. 5.53 Portable Electrical Tools

The Contractor shall ensure that use and storage of all explosive actuating fastening devices and portable electrical tools are in compliance with relevant legislation. The Contractor shall consider that:

A competent person undertakes routine inspections;

Only authorised persons use the tools;

There are safe working procedures applied;

Awareness training is carried out and compliance is enforced at all times; and

PPE and clothing is provided and maintained. 5.54 High Voltage Electrical Equipment

The Contractor shall ensure that, where the work is under, on or near high-voltage electrical equipment the Electrical Installation Regulations, together with safety instructions (Regulations of the Owner of the Equipment) are complied with. Such equipment includes:

Eskom and the Local Authority equipment

The Contractor’s own power supply; and

Electrical equipment being installed but not yet taken over from a Contractor by The Client.

5.55 Public Health and Safety

The Contractor shall ensure that each person working on or visiting a site, and the surrounding community, shall be made aware of the dangers likely to arise from onsite activities and the precautions to be observed to avoid or minimize those dangers. Appropriate health and safety signage shall be posted at all times. 5.56 Night Work

Not applicable on this project. 5.57 Lighting

Where poor or lack of illumination is identified as a hazard the lighting regulations must be complied with and the following must be included in the H&S Plan:

How lighting will be ensured/ provided where daylight is not sufficient and /or after hours are worked.

Planned maintenance programme for replacing luminaries.

Proof of illumination levels of artificial illumination equipment. 5.58 Environmental Conditions and Flora and Fauna

The Contractor must be mindful of adverse weather conditions upon the health and safety of the workforce. This includes inclement weather, strong wind, heat stress, extreme cold, etc. The Contractor’s risk assessment process must take into account the risks associated with such weather conditions. The same is true when working in an environment where there is



a risk to employees’ health and safety from presence of poisonous flora, or wildlife (including bees, snakes, etc). The Contractor’s risk assessment process must take these risks into account. 5.59 Occupational Health

Exposure of workers to occupational health hazards and risks are very common in any work environment, especially in construction. Occupational health hazards and risks exposure is a major problem and all Contractors are to ensure that proper health and hygiene measures are put in place to prevent exposure to these hazards and risks. The occupational hazards and risks may enter the body in three ways:

Inhalation through breathing e.g. cement dust;

Ingestion through swallowing maybe through food intake;

Absorption through the skin (pores) e.g. painting or use of thinners. The contractor is required to ensure that all his personnel are medically fit prior to being allowed onto the work site. All Contractors should ensure that Occupational Hygiene surveys are conducted as per the Occupational Health and Safety Act to ensure employees are not exposed to hazards. Risk Assessments should identify areas where surveys are to be conducted. 5.60 Suspended Platforms

Not applicable on this project. 5.61 Material Hoists

Not applicable on this project. 5.62 Explosive Actuated Fastening Device

Not applicable on this project



6. TRAINING, INSPECTIONS AND RECORDS

The Contractor must be aware of the following additional requirements:

What When Output

Awareness training (Toolbox Talks)

At least fortnightly and before hazardous work is carried out

Attendance Register

Health and Safety Committee Meetings

Monthly Minutes signed by employer

Health and Safety Reports

Monthly Report covering:

a) Incidents / Accidents and investigation

b) Non conformance

c) Health and Safety Training

d) HIRA Updates

e) Internal & External Audits

General Inspections As per Health and Safety Specifications & OHSA

Report of Health and Safety Specifications and OHSA compliance:

a) Scaffolding

b) Lifting Machinery

c) Excavations

d) Construction vehicle

General Inspections Monthly Covering:

a) Fire Fighting Equipment

b) Portable Electrical Equipment

c) Hand Tools

d) Ladders

Record Keeping On-going Covering:

a) General Complaints

b) Fines

c) General Incidents

d) MSDS

e) Surveillance Medicals

f) Inspection Registers

g) Department of Labour Notices



ANNEXURE A

The contractor shall submit the info below in an Annexure 2 prior to construction commencement.

Item No.

Health and Safety Specification Requirement

OHSA Requirement Submission date

1 Notification of Intention to Commence Construction

Construction Regulation 2014

At least 7 days before commencement on site

2 Construction Work Permit Construction Regulation 2014

At least 30 days prior to project commencement

3 Assignment of Responsible Person to Manage Building Work Via Health and Safety Organogram

Construction Regulation 2014

Before commencement on site

4 Competency for Health and Safety Positions

Client / Client Agent requirement


5 Letter of Good Standing

Compensation of Occupational Injuries & Disease Act (COIDA) 130 of 1993


6 Occupational Health and Safety Policy



7 Risk Assessment, Safety Plan, Fall Protection Plan, Demolition Method Statement



ANNEXURE B: APPOINTMENTS

The Contractor shall make the following appointments:

No Description No Description

1 Chief Executive Officer (OSHACT 16(1)) 17 Material Hoist Inspector (CR19(8)(a))

2 Contract Director/Manager (OSHACT 16(2)) 18 Material Hoist Operator (CR19(6))

3 Construction Manager (CR 8(1)) 19 Bulk Mixing Plant Supervisor (CR20(1))

4 Construction Supervisor (CR 8(7)) 20 Bulk Mixing Plant Operator (CR20(2))

5 Assistant Construction Supervisor (CR 8(8))

21 Controller of Explosive Actuated Fastening Devices (CR21(2)(g)(1))

6 Construction Safety Officer (CR 8(5))

22 Construction Vehicle and Mobile Plant Operator (CR23(1)(d)(i)

7 Construction risk assessor (CR 9(1))

23 Controller of Temporary Electrical Installations (CR24('c))

8 Fall Protection Competent Person (CR 10(1)) 24 Stacking Supervisor (CR28(a))

9 Traffic Safety Officer 25 Fire Extinguishing Equipment Inspector (CR29(h))

10 Safety Representative (where > 20 employees on site)

26 Fire Fighters (CR29(i))

11 Temporary work Designer (CR 12(1)) 27 First Aider (GSR 3)

12 Temporary work Supervisor (CR12(2)) 28 Fall Protection Plan Developer (CR 10(1)(a))

13 Excavation Supervisor (CR13(1)(a)) 29 Incident Investigator (OSHACT 9(2))

14 Demolition Supervisor (CR14(1)) 30 Competent Person – Confined Spaces (GAR 5(1))

15 Scaffold Supervisor (CR16(1)) 31 Health and Safety technical Committee (CR 31)

16 Suspended Platform Supervisor (CR17(1)) 32 General Machinery Competent Person (GMR 2)



7. PROJECT DETAILS

PROJECT DIRECTORY:

Client SANParks

643 Leyds Street, Muckleneuk Tel: 012-425-5126

Pretoria (0002) Fax: 012-343-4666

Contact: Ms A van Wyk email: [email protected]

Client Agent I&SP Unit

1ST FLOOR, IPIC CENTRE C/O BOTTELARY & AMANDEL-RYLAAN / AVENUE SONEIKE KUILS RIVER 7580

Tel: 021- 900 9062 Fax: 021-900 9062

Contact: Mr JAW Jacobs email: [email protected]

Consulting Engineer

Endecon Ubuntu Pty Ltd

Central Office Park (Building No.6), 257 Jean Avenue, Centurion, Tel: +27 12 664 6770

Contact: Mr. B Venter email: [email protected]

PROJECT DETAILS:

Description of Works

Rehabilitation and Routine Maintenance of approximately 15km of surfaced roads within the Golden Gate Highlands National Park situated in the north eastern Free State

Anticipated Construction Duration

4 Months

Provisional Start Date

November 2018

Completion Date

March 2019

EXISTING ENVIRONMENT:

Hazards particular to this project by virtue of location: Wild Animals: The site is located in the Golden Gate Highlands National Park. The area is commonly known to have

baboons.

Members of public and children: Tourist visiting the GGHNP will be allowed to access the park. All necessary steps to

be taken to protect them from any dangers associated with the construction works being undertaken. Public Roads: The roads to be rehabilitated or maintained are predominantly 4 roads within the GGHNP. Two of these

roads are main loop roads for viewing of the park. The two remaining roads act as access roads to the Basotho Cultural Village and the Wilgenhof Education Centre. Use of roads network to be carefully planned to accommodate public, tenants and traffic.

Overhead, Above Ground and Underground Services crossing the site:

Overhead: Eskom lines crossing within the greater GGHNP

Underground: Not Applicable

Ground Level: Not Applicable

Services Drawings available

No

Way leaves required: Not Applicable

Permits required: Not Applicable

Isolation required: Not Applicable



Existing structures and surrounding land use (with a significant impact on Health and Safety):

The roads are currently in use. No alternative roads are available.

Existing ground conditions and ground survey report:

Not applicable.

Existing Traffic Systems:

Conditions: Surfaced Roads

Restrictions to access: Applicable

Speed restrictions: Normal road restrictions for a National Park: 40km/h

PROJECT HEALTH AND SAFETY REQUIREMENTS:

Significant health and safety hazards identified by Designer and Client Agent: Accommodation of Traffic (Management Plan): The Principal Contractor must supply a proper and comprehensive

Traffic Management Plan for the various sites within this identification, i.e. the Site camp and surrounds as well as the work area and surrounds. Members of the Public: The works is in a very busy area. The Principal Contractor is responsible for the safety of the

workers as well as the public. The Principal Contractor will have to have sufficient warning & information signage to assist with the information to the public. The Principal Contractor will be responsible to have sufficient directional signage and to have proper road traffic management in place.

Wild animals: There are baboons roaming the area and the principal Contractor will have to ensure that all necessary

steps are being taken to prevent any incidences.

Weather Condition: The area is known for adverse weather conditions.

Normal construction hazards expected are as follow:

Brick Paving laying. Members of public

Bricklaying Metal work

Bruch Cutting Noise and Dust

Compacting and filling / Compactors Operations Plant / Vehicle and Equipment Operations

Concrete / Concrete pumping Plastering

Confined Spaces Road Construction

Electric Tools & Electrical Installations Road Markings

Excavations Site Establishment

Fire Baboons

Hand Tools Steel fixing

Hazardous Substances Temporary Works

Kerb Laying Traffic Management

Manual Handling of plant/material/equipment Transportation of workers

NOTE: Please refer to the end of this Health and Safety Specification for the baseline risk assessment of these risks.

ACTIVITIES REQUIRING APPROVED METHOD STATEMENTS

Road Traffic Management

Protection of Public

ACTIVITIES REQUIRING PERMITS

Permit to Dig / Permit to Enter Excavations: Not applicable on this project

Permit to Work with Electricity: Not applicable on this project

Confined Space Permit: Not applicable on this project

Hot Works Permit: Not applicable on this project

Permit to work under Power Lines: Not applicable on this project

Blasting: Not applicable on this project



Temporary Works: Yes - Authorization in writing by competent person

GENERAL ARRANGEMENTS

Restrictions on times: Monday - Friday 07:00 to 17:00 Saturday 07:00-13:00

Access to site by Construction Vehicles:

Yes, principal contractor to manage

Access to site by Construction workers & Visitors:

Visitors and personnel to report to site office

Site camp location and set up:

Restrictions/requirements, storage areas and security to be advised in consultation with principal agent

Ablution and Welfare: Contractor to provide as per regulations

Environmental Conditions: Contractor must take into account adverse weather conditions on site activities and implement control measures to mitigate risk

Induction Training: All workers to receive induction training prior to commencement on site. Special reference to SANParks EMP and Code of Conduct

PROTECTION OF SITE AGAINST UNUATHORIZED ACCESS BY PUBLIC

Excavation Fencing: Note that excavations accessible to public, or adjacent to public roads / through fares, must have

(1) barrier / fence of at least 1m in height, and (2) warring illuminates at night or when visibility is poor, or have other suitable precautionary measures if both of these are not practicable. The entire site office is to be fenced off with ready fencing. There needs to be access control as well as security personnel on site at all times.

General Fencing of Site: Note that construction site office must be fenced off and have controlled access point. Warning Notices: Construction site, Visitors to report to the site office. Pedestrian arrow signage towards the other side

of the road, Fire Extinguisher, First Aid, Emergency Assembly area and Emergency telephone numbers. Reflective vests, safety boots and dust masks signage to be displayed.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Client requires the Contractor to ensure that employees (and other under his/her control) wear the following minimum PPE:

Overalls: Yes, required

Safety Harnesses: As per job function

Hard Hats: Yes, required

Safety Footwear: Yes, required

Reflective Vests: Yes, required

Goggles / Gloves / ear and respiratory protection

As per job function

Specialist equipment: As per job function

HAZARDOUS SUBSTANCES

The following materials and substances have, or may have, to be used in the works and are identified as potentially posing special health and / or safety hazards during the project. Appropriate measures will need to be specified for their control:

Petrol Cement Bitumen products

Diesel Silicone Herbicide

Paint Pesticides



Risk Rating Matrix

Actions

Likelihood High Immediate action to reduce risk. Introduce hard barriers and adequate controls to reduce risk.

Conseq

uence

5 4 3 2 1 20-25 Control hazards. Monitor regularly

5 25 24 22 19 15 Moderate Urgent attention to improve controls and reduce inherent risks. Monitor systems controls

4 23 21 18 14 10 11-19 & audit quarterly & implementation of controls

3 20 17 13 9 6 Acceptable Controls in place. Tolerable risk levels. Ensure monitoring is as per H&S Policy

2 16 12 8 5 3 1-10

1 11 7 4 2 1



Controls Measures

L C R

General Onsite

ActivitiesA1 Access to Site

Pedestrian & people equipment

interaction causing injury4 2 12 Occupational Health and Safety Act 24(1)

Area to be secured and barricaded /

fenced

Dust Inhalation 3 1 4Hazardous Chemical Substances

Regulation (36)(37)(38)Induction Training & PPE

Unauthorised entry 3 2 8 Occupational Health and Safety Act 12(2)Site Visit Register, signage, Permit

for vehicle access

Slip,trip,and fall 3 2 8Occupational Health and Safety Act

12(1)(b)(c)Induction Training & PPE

A2Placing of office/ containers

if lifting is involved

Heavy objects swinging out of

control causing injury/damage2 4 14 Driven Machinery 18(11)

Safe work area, Induction Training,

Trained operator, Lifting Plan

Crane/lifting tackle failure

causing object to fall2 4 14 General Machinery Regulations 7(a)9b)

Inspection Register, Trained

operator

Accidental collision with

overhead power lines2 4 14 General Machinery Regulations 7(a)(b)

Assign a flag man, determine safe

work area

Lifting machine/crane falling

over2 4 14 General Machinery Regulations 5(1)(2)


work area

A3

Hand Loading and

offloading of heavy

machinery & equipment

Items rolling/slipping falling

causing injury4 2 12 General Machinery Regulations 2(1) Induction training, PPE

Incorrect Lifting procedure

resulting in injury3 2 8 General Machinery Regulations 3(2)

Induction training, Proper lifting

procedure, PPE

A4

Machine loading and

offloading of heavy

machinery & equipment

Failure of machinery causing

injury3 3 13 Driven Machinery 18(1)(a)(b) Supervision

Equipment falling 3 3 13 General Machinery Regulations 2(2) PPE

Collision of vehicles 3 3 13 General Machinery Regulations7(a)(b) Flag men

A5 Traffic Equipment interaction 3 4 18 Construction Regulation 23(1)(d)(i)(ii) Traffic management plan

Pedestrian collision 3 4 18 Construction Regulation 23(2)(c) Pedestrians Walkways

A6Lack of employees

facilities

Lack of drinking water,

dehydration of workers 3 5 22 Construction Regulation 30(1)(a)

Provision of drinking water &

Induction training

Lack of sanitary facilities,

unhygienic conditions3 5 22 Construction Regulation 30(1)(b) and 30(2)

Provision of chemical toilets &

proper housekeeping

A7 Stacking & StorageFall, slip resulting in potential

injury/damage4 3 17 Construction Regulation 28(d)

Storage plan, induction training and

restricted access

Baseline Risk Assessment Roads

Risk Rating is measured by determining the Likelihood (L) and Consequence (C) and using the Matrix to determine the Risk Rating ( R).

Risk Ranking below 10 is deemed Tolerable, between 11 and 19 is deemed Medium Risk and above 20 is deemed High Risk

Other Controls Risk RatingSteps in

operationRiskHazard

Ref

No.

PROJECT: UPGRADE OF APPROXIMATELY 1.2KM OF GRAVEL ROAD FROM THE LIGHTHOUSE TOWARDS SUIDERSTRAND IN THE AGULHAS NATIONAL PARK



Obstructing critical equipment

and walkways4 3 17 Construction Regulation 27 (a)(c)(g)

Storage plan, induction training and

restricted access

Flammable liquids catching fire 3 3 13 Construction Regulation 25(a)(b)(c)Storage plan, induction training and

fire fighting equipment

Hazardous storage of materials 3 3 13 Hazardous Chemical Regulation(25)9A(2) Storage plan, regular inspections

A8Handling of chemicals and

fuelsExposure 3 3 13 Hazardous Chemical Regulation 9A(1)(a-p) PPE

Inhalation 3 3 13Hazardous Chemical Substances

Regulation (36)(37)(38)

Burns to Skin 3 3 13Hazardous Chemical Substances Regulations

9A(2); Material Data Sheet

A9Temporary Low voltage

Electrical installation

Exposure to live wires-

electrocution2 5 19 Construction Regulation 24(a)(b) Lockable DB box, Inspection register

Faulty earth leakage 2 5 19 SANS 10142Competent person to do installation

& inspection

Short circuit causing fire 2 4 14 Construction Regulation 24(b) Weekly inspection, Induction

Training & Fire fighting equipment

A10 Issue of PPE Incorrect PPE 4 2 12 General Safety Regulation 2(1) PPE Register

A11 Usage of PPE Incorrect use of PPE 4 2 12 General Safety Regulation 3(2)PPE Register, Induction Training,

supervision

Negligence to use PPE 4 2 12 General Safety Regulation 5PPE Register, Induction Training,

supervision

A12 Adverse heatDehydration, Sunburn, heat

stroke3 4 18

Induction Training

Safe Operation ProcedureProper drinking water, PPE

A13Working in excessive

windsExposure to dust 3 4 18

Hazardous Chemical Substances

Regulation (36)(37)(38)PPE

A14 House keepingObjects lying around can result

in slip/fall4 2 12 Construction Regulation 27(a)(b) Regular cleaning of site

Unhygienic conditions 3 3 13 Construction Regulation 27(d) Induction Training

Pollution of area 3 2 8 Construction Regulation 27(e)Proper waste bins and waste

removal

A15 Fire prevention Open Fires 3 3 13 Construction Regulation 29(a) SANParks EMP & Code of conduct

Inadequate fire fighting

equipment4 3 17 Construction Regulation 29(g)(h) Inspection register, supervision

Run away fires 4 4 21 Emergency evacuation plan SANParks EMP & Code of conduct

Accidental Fires 3 4 18 Construction Regulation 29(a)(d)(iii) Designated smoking areas



A16 Environmental pollutionPollution of

ground,air,workspace3 2 8 Environmental Regulation 6(d) SANParks EMP & Code of conduct

Littering 4 2 12 SANParks Environmental Management PlanInduction Training, Provide proper

trash bins

A17

Working near hazardous

animals incl snakes,

spiders & scorpions

Poisons bites/ attack by large

animals3 3 13 SANParks Environmental Management Plan

Induction Training, SANParks ranger

where required, Proper treatment in

first aid kit

A18Working in close proximity

of waterFalling into water & drowning 3 4 18 Construction Regulation 26(1)(a)(b)


barricades

Pollution of water body 3 4 18SANParks Environmental Management Plan

Construction Regulation 26(2)Induction Training

Plant or vehicle

& equipmentB1 Construction vehicles Equipment Failure 4 4 21 Construction Regulation 23(1)(k)

Vehicle check list and regular

maintenance

Unroadworthy vehicles 3 4 18 Construction Regulation 23(2)(i)(j)(k)Vehicle check list and regular

maintenance

Speeding/ Operation 3 4 18 Construction Regulation 23(2)(l)Safe traffic route, imply penalties,

traffic calming measures

Potential accident/collision 4 4 21 General Machinery Regulations 7(a)Induction Training, Reflective vests,

safe work area

Material/equipment fall from

vehicle4 4 21 Construction Regulations 23(1)(b)(g)(h) Properly secure all goods

Vehicle/plant not used for

correct purpose3 3 13 Construction Regulations 23(1)(b)(c)

Supervision, controlled access to

vehicle/plant

B2 Licencing of operatorsUnauthorized operation of

equipment3 3 13 Construction Regulation 23(1)(d)(i)(ii)

Valid operator, restricted access to

machinery, supervision

Expired licenses 3 1 6 Construction Regulation 23(1)(d)(i)(ii) Keep OHS file up to date

B3 Parking of vehicles Runaway vehicle 3 4 17 Safe Operation Procedures (SOP)Vehicle check list, use stop block

behind tyres

Parking in unsafe areas 3 1 4 Construction Regulation 23(2)(i)(j) Demarcate proper parking areas

Transportation C1Transportation of

employees

Interaction with other vehicle-

collision4 4 21 Supervisor

Equipment not roadworthy 3 1 4Vehicle checklist, vehicle must meet

required standards

Equipment not licensed 3 1 4 Construction Regulations 23(a)(b) Supervision and monitor

Operator of vehicle transporting

employees not licensed and 3 1 4 Construction Regulation 23(2)(i)(j)

Supervision and monitor if Driver has

Valid PDP

Vehicle not equipped to

transport employees3 1 4 Construction Regulation 23(d)(i)(j)

Vehicle checklist, vehicle must meet

required standards

Not Adhering traffic legislation 3 1 4 Construction Regulation 23(2)(j) Supervision, implement fines

Construction Regulation 23(1)(b)(j)



C2Transportation of material

or equipment with people

Material/equipment fall from

vehicle4 4 21 Construction Regulation 23(g)(h) Properly secure all goods

Potential accident/collision 4 4 21 Construction Regulation 23(2)(g)(h)(j)Induction Training, Reflective vests,

safe work area

C3 Towing a Trailer Vehicle accident 4 4 21Construction Regulations 23(e); Occupational

Heath and Safety Act 24(1)(c)(iii)(iv)Awareness, trained operator

Towing coupler failure 3 3 13 Construction Regulation 22(e) Inspection Register

Hand Tools D1 Injury Due to Incorrect tools used 4 3 17 Hand tool register, Induction Training, Supervision

Defective tools 4 3 17 Safe Operation Procedure Supervision

Struck by flying debris 3 3 13 Safe Operation Procedure PPE

D2 Angle Grinder Cutting disc cracked and breaks 3 3 13 Safe Operation procedure, Toolbox Talks PPE, Supervision

Shaving flying into eyes 3 3 13 Electrical Machinery Regulations 10(3) PPE, Supervision

Exposure to noise 3 3 13Noise Induced Hearing Loss

Regulations (7)(1)(a)(b)(c)(d)PPE

Vibration 2 2 5 Safe Operation procedure, Toolbox Talks

Accidental injury 4 3 17 Safe Operation procedure, Toolbox Talks PPE, Supervision

Electrocution 3 5 22 Electrical Machinery Regulations 10(1) (a)(b) Tool inspection register

D3Other electrical portable

hand toolsElectrocution 3 5 22 Electrical Machinery Regulations 10(1) (a)(b)

Tool inspection register, inspect

extension cord

Exposure to noise 3 3 13Noise Induced Hearing Loss

Regulations (7)(1)(a)(b)(c)(d)PPE

Vibration 2 2 5 Safe Operation procedure, Toolbox Talks

Accidental injury 4 3 17 Safe Operation procedure, Toolbox Talks PPE, Supervision

Shaving flying into eyes 3 3 13 Safe Operation procedure PPE, Supervision

D4Explosive actuated

fastening device

Malfunction of equipment

causing injury/damage3 3 13 Explosive Regulations 15(a)(b)

Tool inspection register, inspect

extension cord

Accidental injury 3 3 13 Explosive Regulations 15(b) PPE, Supervision



Accidental discharge 3 3 13 Explosive Regulations 15(a)(b)Safety mechanism working, Store in

unloaded condition

Site Clearance E1 Site/Bush Clearing Moving machinery accident 4 3 17 Construction Regulation 23(2)(b)Reflective vests, restricted access,

induction training

Injury due to hand tools 4 3 17 Safe Operation Procedures (SOP) Induction Training, PPE, First Aider

Snakes/ Spider bites 3 3 13 SANParks Environmental Management PlanInduction Training, Proper First Aid

treatment available

Dangerous animals in vicinity 3 3 13 SANParks Environmental Management PlanInduction training, armed rangers

escort

Electrical cables and other

services in way of work area3 4 17 Construction Regulation 24(c)

Properly mark & demarcate existing

services

E2 Removal of waste Moving machinery accident 4 4 22 Construction Regulation 23(1)(b)(c) Reflective vests, restricted access,

induction training

Waste material falling of vehicle 3 3 13 Construction Regulations 23(h)Secure load, stay within maximum

vehicle load capacity



Excavation &

backfillingF1

Hand Digging of

holes/trenchesInjury due to defective tools 4 3 18 Hand tool register, Induction Training

Injury due to improper work

method4 3 18 Induction training, supervision

Trip/fall into holes 3 3 13Demarcate area, induction training,

PPE

F2Machine Digging of

holes/trenchesCollapse of trench 3 3 13 Construction Regulation 14(4)( iii)

Excavation inspection register by

component person daily

Collapse of adjacent structure 3 3 13 Construction Regulation 11(1)(a) Safeguard adjacent structures

Malfunction of machinery 3 3 13 General Machinery Regulations 2(2) Machinery Inspection Register

Unauthorized driver 2 2 5 General Machinery Regulations 2(1)Trained operator, supervision,

restricted access to machinery

Unnecessary Damage to

environment3 2 9 SANParks Environmental Management Plan

Induction Training, designated work

area

F3 Tipping of material Material falling on to person 3 3 13 PPE, Safe Work area, Flag men

Malfunction of equipment

causing injury/damage3 3 13

F4 Use of Jackhammer Exposure to excessive noise 3 3 13 PPE

Injury due to malfunction of

equipment3 3 13 Inspection Register

Exposure to prolonged vibration 3 3 13

Construction Regulation 23(g)

Noise Induced Hearing Loss Regulations

7(1)(a)(b)(c)(d)

Construction Regulation 13(a)



F5 Opening trenches Risk of collapse 3 3 13 Construction Regulation 13(h)(l)Stabilize trench, work permit,

induction training

Fall, slip into trench 4 3 17 General Safety Regulations 2(5)(6) Barricade trench, PPE

F6 Compaction Personal Injury 3 3 13 General Safety Regulations 2(5) PPE, Trained operator

Collision of machinery 3 3 13 General Machinery Regulations 4(1)Induction Training, Reflective vests,

safe work area



Temporary

WorksH1

Shoring/formwork/

ShutteringCollapse of equipment 3 3 13 Construction Regulation 12(1)(2) Built by competent person, PPE

Injury during

assembly/dismantling3 3 13 Induction Training, PPE, Supervision

Failure of equipment 3 3 13 Inspection register

Collapse/bursting of structure 2 3 9Design of structure to be loaded to

be approved by competent designer

Inaccessibility to work area 2 3 9 Adequate safe access provided

Fall, slip from shoring/formwork 3 3 13 Fall Protection Plan, PPE, safety nets

Falling material from height 4 3 17 PPE, safety nets

Cuts and abrasions from

splinters and nails4 2 12 Construction Regulations 12(2) PPE

H2Stop & Go Procedures -

Moving Vehicles

injuries to employees involved

in an accidents whiles setting

up and taking down Stop/Go

procedure

4 4 21Visibility jackets, radio

communication

Injuries to employees involved

in an accidents - in the midst of

Stop/Go activity

4 4 21

Injuries to road users involved

in an accidents - approaching a

Stop/Go activity

4 4 21 Construction Regulation 12(3)(d)

Concrete I1 Manual Mixing Cement dust inhalation 3 2 8Hazardous Chemical Substances

Regulations 8(a)(b)(c)

Material Safety Data Sheet, PPE,

Supervision

Hazardous substance contact -

dry cement mix3 3 13 PPE, Induction Training

Spillage/ pollution 3 3 13 PPE, Concrete mixing sheet

Injury during mixing/ cement

burns3 3 13 Induction Training, supervision,PPE

Construction Regulation 10(1)(b);(2)(a)(b)

Construction Regulation 12(3)(d)

Construction Regulations 12(3)(a)

Hazardous Chemical Substances Regulations

9A(2); 2; and Material Data Sheet

Construction Regulation 12(3)(c)(f)



I2 Concrete Mixer MachinePoor ventilation causing ill

health3 2 8 General Safety Regulations 5(5) PPE, additional ventilation

Accidental injury through flying

objects3 3 13 Induction training, supervision

Spillage/ pollution 4 3 17 PPE, Concrete mixing sheet

Clothing/body parts getting

caught in open pulley. V-belts

ect

3 3 13

Induction training, inspection

register, all moving parts covered

with guard

I3Exposure to Hazardous

chemical substancesExposure 3 3 13 PPE

Burns to Skin 3 3 13

Inhalation 3 3 13

Working at

heightsJ1

Climbing up and down

equipmentFall from equipment 4 3 17 Induction, PPE, Fall Protection plan

Equipment used for incorrect

purposes3 3 13 Induction training, supervision

Equipment failure resulting in

injury/damage3 3 13 Inspection register

J2 Working on Ladders Fall from ladder 4 3 17 General Safety Regulation 13A(4)(a)(b)PPE, safety harness, Fall protection

plan

Ladder not secure - slip 3 3 13 General Safety Regulation 13A(2)(a)(b) Secure ladder

Ladder damaged or

substandard3 3 13 General Safety Regulation 13A(2)(a)(b) Ladder inspection Register

Ladder used for incorrect

purpose3 2 8 General Safety Regulation 13A(3)(a)(b) Induction Training, supervision

K1 Confined Spaces Lack of oxygen 2 3 9 General Safety Regulations 5(1) Additional ventilation

Intoxicating Fumes 2 3 9 General Safety Regulations 5(1)(2)(a)(b) Respiratory masks

Construction L1 Bricklaying Injury due to sharp bladed tools 3 3 13 PPE, Induction Training

Injury due to hauling of bricks 4 3 17 PPE, Induction Training

Shards flying into eyes from

breaking bricks4 3 17 PPE, Induction Training

Bricks falling from height 4 3 17Safe work area, Induction Training,

barricades


Regulations 10(1)(a)(b)(f)(3)

General Safety Regulations (6)


Regulations 10(3)

Work in

Confined

Spaces

Occupational Health and Safety Act 14(d)(e)



L2 Block Paving Injury due to sharp bladed tools 3 3 13 PPE, Induction Training

Injury due to hauling of bricks 4 3 17 PPE, Induction Training

Shards flying into eyes from

breaking bricks4 3 17 PPE, Induction Training

L3 Layer WorksPotential accident/collision of

vehicle4 3 17


Regulations 14(b)

Induction Training, Reflective vests,

safe work area

Hazardous Chemical Exposure 3 3 13Hazardous Chemical Substances

Regulations 10(1)(a)

PPE, Material Data Sheet, induction

Training

Radio active exposure due to

None-destructed density testing 3 3 13


Regulations 5(4)Induction Training, PPE

Injury due to vehicle/plant 4 3 17Occupational Health and Safety Act

24(1)(a)(b)(c)

Induction Training, Reflective vests,

safe work area

L4 Gabions Injury due to rock packing 4 3 17Occupational Health and Safety Act

24(1)(c)(ii)PPE, Induction Training

Fall, slip from height 3 3 13PPE, Fall Protection Plan, Safe Work

area

Cuts and abrasions from sharp

material4 2 12 PPE, Induction Training

Collapse of structure 2 4 14Design of structure to be approved

by competent designer

Falling of material onto person 3 3 13 PPE, safe work area, catch nets

L5Culvert placing with lifting

machinery

Heavy objects swinging out of

control causing injury/damage3 3 13 Driven Machinery 18(a)


Trained operator, Lifting Plan

Crane/lifting tackle failure

causing object to fall3 3 13 Construction Regulation 22(a)(b)(d)(e)

Inspection Register, Trained

operator

Accidental collision with

overhead power lines2 3 9


work area

Lifting machine/crane falling

over3 3 13


work area

L6 Kerb laying Bodily injury due to handling 4 2 12 PPE, Induction Training

Falling of kerb onto person 3 2 8 Proper offloading plan, PPE

L7 Road ConstructionRisk of being struck by vehicle

while working next to road4 4 21

Traffic Management Plan, Road

Signs, reflective vests, Flag man

Failure of regulating traffic

causing collisions3 4 18 Competent person, supervision

Injury from road users and

public4 4 21

Construction Regulations Regulations

23(1)(e)(j)Restrict access to site, Signage

Noise pollution 3 2 8Noise Induced Hearing Loss Regulations

7(1)(a)(b)(c)(d)PPE

Inhalation of dust 3 2 8Hazardous Chemical Substances

Regulations 8(a)(b)(c)PPE

Construction Regulation 10(4)(c)(ii)(d)

Occupational Health and Safety Act 14(d)(e)

Occupational Health and Safety Act

24(3)(a)(b)

Construction Regulation 22(a)

Occupational Health and Safety Act 24(1)(a)

Construction Regulation 10(2)(a)(b)(d)(e)



L8 Road Marking/ PaintingExposure to chemicals/

inhalation of fumes3 2 8 PPE, Supervision

Spillage/ pollution from paint 4 2 12 PPE, Supervision

Flammable liquids - Accidental

fire3 3 13

Proper storage facilities, Fire fighting

equipment

Unauthorized access to

flammable liquids3 2 8 Restricted access

L9 Steel Fixing (Re-bar) Injuries from tie wire 3 3 13 PPE, Induction Training

Fall from heights 3 3 13 PPE, Fall Protection Plan

Falling components 3 3 13 PPE, safe work area, catch nets

Back injuries from manual

handling3 3 13 PPE, limit lifting weight

Steel structure collapsing 3 3 13 PPE, Supervision

Occupational Health and Safety Act 24(2)


Regulations 6(a)(b)(c)

Construction Regulation 25(a)(b)(e)(f)(g)



Annexure B

Environmental Management Plan



Environmental Management Plan

General construction activities in parks

Park: Golden Gate Highlands National Park Project: Rehabilitation and Routine Maintenance of approximately

15km of surfaced roads within the Golden Gate Highlands National Park.

CONTRACT NO: CI-GG-0017-1 Prepared by:

South African National Parks P.O. Box 787 PRETORIA 0001



Part

1

1. ENVIRONMENTAL MANAGEMENT PLAN

A. DECLARATION

I the undersigned in my capacity as designated below to hereby undertake to ensure that the conditions and recommendations in terms of the Environmental Management Plan (EMP) for the renovation, upgrading, and construction activities in a National Park are implemented and assume responsibility and accountability in this respect.

I further understand that officials from SANParks may during any phase of the project, conduct an inspection of the development in order to ensure compliance with the conditions and recommendations in the EMP.

EMPLOYER Name:

Signature:

Date:

CONTRACTOR Name:

Signature:

Date:



Part

1 1. ENVIRONMENTAL MANAGEMENT PLAN

1.1 GENERAL

Definition of an “Environmental Management Plan”: A plan or programme that seeks to achieve a required end state and describes how activities, that have or could have an adverse impact on the environment, will be mitigated, controlled, and monitored.

The EMP will address the environmental impacts during the design, construction and operational phases of a project. Due regard must be given to environmental protection during the entire project. In order to achieve this a number of environmental specifications/recommendations are made. These are aimed at ensuring that the contractor maintains adequate control over the project in order to:

Minimise the extent of impact during construction.

Ensure appropriate restoration of areas affected by construction.

Prevent long term environmental degradation. The contractor must be made aware of the environmental obligations that are stipulated in this document, and declares himself/herself to be conversant of all relevant environmental legislation. The contractor should also be aware that the Park Manager / Environmental Control Officer will monitor the implementation of the procedures.

1.2 OBJECTIVES OF THE EMP

The EMP has the following goals:

Identifying those construction activities that may have a detrimental impact on the environment;

Detailing the mitigation measures that will need to be taken, and the procedures for their implementation;

Establishing the reporting system to be undertaken during the construction. The EMP also serves to highlight specific requirements that will be monitored during the development and should the environmental impacts not have been satisfactory prevented or mitigated, corrective action will have to be taken. The document should, therefore, be seen as a guideline that will assist in minimising the potential environmental impact of activities. Definition of “mitigation measures”: Mitigation seeks to find better ways of doing things, by the implementation of practical measures to reduce, limit, and eliminate adverse impacts or enhance project benefits and protect public and individual rights. The EMP also defines the arrangements that will be put in place to ensure that the mitigation measures are implemented by including recommendations of the roles and responsibilities of the project proponent, environmental management team and contractors.

1.3 COMPONENTS OF THE “EMP”

1.3.1 Introduction

This EMP adopted a precautionary approach, or in the case of management recommendations, a philosophy of ‘best practice’. Mitigation measures may then be of a more generic nature without compromising its importance to be implemented.

Therefore the purpose of this EMP is to draft and maintain a detailed management plan that, if put into practise, will effectively prevent/minimise environmental degradation.

1.3.2 The EMP in Context

This EMP will form part of a project tender and contract. Pre-construction and construction phase mitigation guidelines and clauses should be written into the construction contract documents as specifications. The contents of this EMP shall be deemed to be included in the rates tendered to execute and complete the works.

1.3.3 Flexibility

The EMP is a dynamic and flexible document subject to review and updating. During the implementation of a project there is always the possibility that unforeseen issues could arise, this EMP should therefore be revised where necessary to mitigate unanticipated impacts.

1.3.4 EMP Implementation Period

The EMP will focus on and operate during the whole implementation / construction period and maintenance phase of the projects.

1.3.5 Roles and Responsibilities



Supervision and monitoring are fundamental to the successful implementation of an EMP. Therefore, it is vital that monitoring of the extent to which the mitigation measures of this EMP, are adhered to by consultants and contractors, takes place.

All of the issues described and discussed in this document will require monitoring, and it will be the responsibility of SANParks to undertake this monitoring according to the specifications of this EMP.

To draft and implement a monitoring programme to assess compliance with the EMP.

To appoint an Environmental Control Officer (ECO) during the Construction Phases.

To undertake the monitoring of operations during the operational phase. Any problems that are identified or encountered must be reported to SANParks management so that appropriate action may be taken to rectify the situation.

1.3.5.1 Appointment of an Environmental Control Officer

The position of Environmental Control Officer has been created to ensure that the mitigation measures and other requirements set forth in the EMP are adhered to.

It is recommended that SANParks appoint an Environmental Control Officer (ECO) during the construction phase of the project. The ECO can be a Section Ranger.

The following guidelines apply to the functions of an ECO:

The ECO should have the ability to understand the contents of the Environmental Management Plan (EMP) and explain it to the contractor, the site staff, the supervisors and any other relevant personnel or I&AP’s.

The ECO would have to be on site on a regular basis – preferably daily to supervise environmental actions associated with construction activities.

The ECO should be able to understand, interpret, monitor, audit and implement the EMP. This is his most important function.

The ECO must then give feedback of the audits to SANParks and Contractors. This must be in the form of a written report .

The ECO must ensure that the contractor understands what is to be done to rectify and address any problems that have arisen from the audit.

1.3.6 Feedback to Park Manager and ECO

Reporting to the Park Manager and ECO should take place during site meetings – in the case of potential “fatal flaws”/crises developing due to implementation of the project, reporting should be done immediately and the potentially adverse activities immediately halted in order that corrective action can be taken.

Reporting on the status of implementation of the EMP and the results of the environmental monitoring programme must be recorded and summarised in a monthly report by the ECO and submitted to the Park Manager.

1.3.7 Failure to comply with EMP

Outlined below are a number of steps, relating to increasing severity of environmental problems, which will be implemented. The principle is to keep as many issues within the first few steps as possible.

Step 1

The ECO discusses the problem with the contractor or guilty party, and they work out a solution together. The ECO records the discussion and the solution implemented.

Step 2

The ECO or SANParks observes a more serious infringement, and notifies the guilty party in writing, with a deadline by which the problem must be rectified. All costs will be borne by the contractor.

Step 3

The ECO shall order the contractor to suspend part, or all, the works. The suspension will be enforced until such time as the offending party(ies), procedure or equipment is corrected and/or remedial measures put in place if required. No extension of time will be granted for such delays and all cost will be borne by the contractor.

Step 4

Breach of contract - One of the possible consequences of this is the removal of a contractor and/or equipment from the park and/or the termination of the contract, whether a construction contract or an employment contract. Such measures will not replace any legal proceedings that SANParks may institute against the contractor.



Part

2 2. DESCRIPTION OF MITIGATION MEASURES

This section of the report serves to prescribe mitigation measures to reduce, limit, eliminate or compensate for impacts, to acceptable/insignificant levels. In setting mitigation measures, the practical implications of executing these measures must be borne in mind. With early planning, both the cost and the impacts can be minimised.

The stipulations of this report should be conveyed to contractors prior to the commencement of construction.

2.1 PRE-CONSTRUCTION MANAGEMENT PLAN

The pre-construction or planning management plan is to be used as a guide during the planning, design and detailing of the development components. This part of the plan is to be referenced by all involved in decision making during the planning and design phases.

2.1.1 EMP TRAINING

Mitigation / Management Action Responsible

Agent

The Contractor shall arrange for Environmental and Heritage Awareness Training programmes for the personnel on site, to the satisfaction of the Park Manager and ECO, and familiarise his/her/its employees with the contents of this EMP, either in written format or verbally.

ECO & Contractor

2.1.2 CONTRACT AREAS


Agent

The ECO must indicate/point out to contractors the areas that they will have in their possession for the duration of the contract (this shall include access roads to be used, construction lay-down areas, materials storage and delivery requirements, contractors’ offices, operational demarcation etc.). Aspects pertaining to temporary housing for persons involved in the project shall also be included. A material delivery and storage area should be demarcated. The facility must be planned and laid out in such a way that the total footprint area is minimised.

ECO & Contractor

2.1.3 SENSITIVE ECOLOGY


Agent

Prior to the commencement of construction, the proposed site/s and roads, must be inspected by SANParks Scientific Services (where necessary), in order to:

Confirm the absence of Red Data Book Species;

Relocate, demarcate or recommend conservation / preservation measures for any identified ecologically “sensitive” and/or protected species and areas, and

Point out and/or demarcate all ecologically “sensitive” areas to the contractors (e.g. red data habitats & species, rivers, streams, drainage lines, wetlands, sensitive soils, steep slopes and areas susceptible to erosion).

SANParks, ECO & Contractor

2.1.4 HERITAGE AREAS


Agent

In known archaeological sensitive areas the South African Heritage Resources Agency (SAHRA) must inspect all above-mentioned contract areas, in order to:

Confirm the absence of archaeological sites and/or artefacts;

Relocate, demarcate or recommend further conservation / preservation actions and measures for any identified archaeologically “sensitive” area and/or artefacts prior to the commencing of any work at these sites, and

Point out and/or demarcate all archaeologically “sensitive” areas to the contractors.

SANParks, ECO & Contractor



2.1.5 ROADS


Agent

The final alignment of the access routes and internal camp roads shall be planned in conjunction with the Park Manager, SANParks Scientific Services, Section Ranger and ECO and once finalised only the agreed roads must be used.

ECO & Contractor

Roads must be planned to deviate around significant trees and Red Data Species marked out in an approved manner by the ECO.

ECO & Contractor

2.1.6 SITE ESTABLISHMENT


Agent

Construction camps and staff accommodation facilities on the site will be required to be established in appropriate locations prior to the commencement of construction, preferably within already disturbed areas. After completion of the contract, these areas will be required to be rehabilitated.

ECO & Contractor

Site Plan:

Before construction can begin, the Contractor shall submit a site layout plan to the ECO for approval, including:

Site access (including entry and exit points).

All material and equipment storage areas (including storage areas for hazardous substances such as fuel and chemicals).

Construction offices and other structures.

Security requirements (including temporary and permanent fencing, and lighting) and accommodation areas for security staff.

Solid waste collection facilities and waste treatment facilities for litter, kitchen refuse, sewage and workshop-derived effluents.

Storm water control measures.

Provision of potable water and temporary ablution facilities.

Only designated areas may be used for the storage of materials, machinery, equipment and site offices. The site offices should not be sited in close proximity to steep areas, as this will increase soil erosion. Preferred locations would be disturbed areas along routes. Offices (and in particular the ablution facilities, aggregate stockpiles, spoil areas and hazardous material stockpiles) must be located as far away as possible from any watercourse. Regardless of the chosen site, the Contractor’s intended mitigation measures shall be indicated on the plan.

Contractor

Throughout the period of construction, the contractor shall restrict all activities to within the designated areas on the construction layout plan. Any relaxation or modification of the construction layout plan is to be approved by the ECO.

ECO & Contractor

Site Camps:

The following restrictions or constraints should be placed on the site camp, and construction staff in general:

The use of rivers and streams for washing of clothes.

The use of welding equipment, oxy-acetylene torches and other bare flames where veld fires constitute a hazard.

Indiscriminate disposal of rubbish or construction wastes or rubble.

Littering of the site.

Spillage of potential pollutants, such as petroleum products.

Collection of firewood.

Poaching of any description.

Use of surrounding veld as toilets.

Burning of wastes and cleared vegetation.

No concrete structures allowed, if the site camp is within the Park boundaries.

ECO & Contractor

Vegetation clearing:

The natural vegetation encountered on the site is to be conserved and left as intact as possible. Only trees and shrubs directly affected by the works, and such others as may be approved by the ECO in writing, may be felled or cleared. A firebreak shall be cleared and maintained around the perimeter of the site camp/s and office sites where necessary.

ECO & Contractor

Water for human consumption:

Water for human consumption should be available at the site offices and at other convenient locations on site.

ECO & Contractor

Sewage Treatment:

Sanitary arrangements should be to the satisfaction of the Park Manager and ECO. In no other ablution facilities are available, chemical toilets must be supplied (1 per 15 persons) and must be regularly cleaned and maintained by the contractor. The positioning of the chemical toilets is to be done in consultation with the ECO. The Contractor should arrange for regular emptying of toilets and will be entirely responsible for enforcing their

ECO & Contractor




Agent

use and for maintaining such latrines in a clean, orderly and sanitary condition to the satisfaction of the ECO. If necessary, the ablution facilities must be screened from the public view. In remote areas where chemical toilets may not be a viable option, agreement must be reached on alternatives before construction starts.

Cooking Fuel:

The Contractor shall provide adequate facilities for his staff so that they are not encouraged to supplement their comforts on site by accessing what can be taken from the natural surroundings. Collection of firewood is not permitted.

ECO & Contractor

Waste Management:

Solid waste shall be stored in an appointed area within the site camp in covered drums for collection and disposal. Disposal of solid waste shall be at an approved landfill site – this must be agreed to with the Park Manager. During the construction period, the facilities shall be maintained in a neat and tidy condition, and the site is to be kept free of litter. At all places of work, the Contractor shall provide litter collection facilities for later safe disposal at approved waste disposal sites.

ECO & Contractor

2.1.7 MATERIALS HANDLING, USE AND STORAGE


Agent

The Contractor’s management and maintenance of his plant and machinery will be strictly monitored according to the criteria given below, regardless of whether it is serviced on the site (i.e. at the place of construction activity or at a formalised workshop) or not.

ECO & Contractor

Safety:

All the necessary handling and safety equipment required for the safe use of petrochemicals and oils shall be provided by the Contractor to, and used or worn by the staff whose duty it is to manage and maintain the Contractor’s and his subcontractor’s and supplier’s plant, machinery and equipment. Contractor must comply with the Occupational Health and Safety Act (Act 85 of 1993) and Construction Regulations, 2003 as this governs what the contractor has to do/provide for his staff.

ECO & Contractor

Hazardous Material Storage:

Petrochemicals, oils and identified hazardous substances shall only be stored under controlled conditions. All hazardous materials will be stored in a secured, appointed area that is fenced and has restricted entry. Storage of hazardous products shall only take place using suitable containers approved by the ECO. In addition, hazard signs indicating the nature of the stored materials shall be displayed on the storage facility or containment structure.

ECO & Contractor

Fuels and Gas Storage:

Fuel should be stored in a secure area in a steel tank supplied and maintained by the contractor according to safety procedures. Gas welding cylinders and LPG cylinders should be stored in a secure, well-ventilated area. The contractor must supply sufficient fire fighting equipment in event of an accident and strictly no smoking will be allowed where fuel is stored and used.

ECO & Contractor

2.1.8 WATER SUPPLY


Agent

Water supply pipelines will be according to contract specifications, following the most direct, yet most ecologically responsible route agreed to with the engineer and as per contract documentation.

ECO & Contractor

Point out to contractors where they can obtain water (e.g. water for mixing of cement as well as for drinking). Contractors shall not make use of/collect water from any other source than those pointed out to them as suitable for use by them.

ECO

2.1.9 LIQUID WASTE


Agent

Under the General Authorisations in terms of Section 39 of the National Water Act (Act No. 36 of 1998), DWAF does not permit the construction of wastewater disposal sites (such as septic tank systems) within the 100 year flood line of any watercourse, or alternatively, within 100 metres of the edge of a water resource.

SANParks

The treatment and disposal of effluent will comply with all applicable legislation and the relevant permit regarding the disposal of purified effluent into the natural environment will have to be obtained from DWAF if so required during construction and operations.

SANParks

The design, installation and operation of septic tanks and soak-aways will conform to Water Act, including all the regulations made under section 26 of the National Water Act.

SANParks



2.2 CONSTRUCTION MANAGEMENT PLAN

The Construction Management Plan forms part of the contract documentation. The plan must be read in conjunction with the contract documents including the relevant Bill of Quantities and Specifications.

2.2.1 VEHICULAR ACCESS AND MOVEMENT OF CONSTRUCTION VEHICLES


Agent

During construction, use should be made of existing access routes to construction areas where possible. Construct approved vehicle turning areas, avoiding selected ecological sensitive areas or species, and have turning area routes approved by the ECO. Temporary access roads must be rehabilitated after usage as per prior agreement between the Park Manager and Contractor.

ECO & Contractor

2.2.2 MOVEMENT OF CONSTRUCTION PERSONNEL, LABOURERS AND EQUIPMENT


Agent

The Contractor must ensure that all construction personnel, labourers and equipment remain within the demarcated construction sites at all times. Where construction personnel and/or equipment wish to move outside the boundaries of the site, the contractor/ labourers must obtain permission from the ECO.

ECO & Contractor

2.2.3 VEGETATION CLEARING


Agent

The extent of all construction site footprints will be minimised and limited to existing and / or already disturbed areas wherever possible.

ECO & Contractor

The areas needing to be cleared and the degree of clearing required will be determined and demarcated in consultation with the ECO before clearing begins.

ECO & Contractor

The Contractor may not deface, paint or otherwise mark and / or damage natural features / vegetation on the site, unless agreed beforehand with the ECO. Any features / vegetation defaced by the Contractor will be restored to the satisfaction of the ECO.

ECO & Contractor

The ECO must be present during vegetation clearing. ECO

Plant Search and Rescue:

Plant search and rescue (i.e. the location and removal of specified plant species, without unnecessary damage, and their transfer to a specified location) and the collection of seed, shall be conducted by the ECO prior to the onset of any site clearing operations, should the ecologist/ SANParks Scientific Services indicate this to be necessary.

Sensitive areas and/or species that have been selected for conservation by the ecologist / SANParks Scientific Services, Park Manager or ECO, shall be demarcated with danger tape. No activity shall take place at these areas.

De-stumping shall only occur at the request of the ECO. Where roots can act as erosion protection, trees should be cut as close as possible to the ground level.

During the clearing of woody vegetation no basal cover or grass and topsoil shall be removed and damage to this layer shall be minimised as far as possible.

ECO & Contractor

Vegetation Removal and Trimming in Watercourses:

No heavy machinery shall be permitted within watercourses for any purpose, except emergency procedures, without the prior approval of the ECO. Clearing of vegetation shall be conducted by hand. All cleared and trimmed vegetation shall be removed from any watercourse to prevent flooding/snagging hazards being created.

ECO & Contractor

Rehabilitation:

The Park Manager, ECO, and Contractor must agree on rehabilitation of areas. The Contractor shall be held responsible for rehabilitation for all areas disturbed during construction. This includes, for example, service roads, stockpile areas, stop/go facilities, windrows and wherever material generated for, or from, road construction has to be stored temporarily or otherwise within the road reserve, or at designated or instructed areas outside the road reserve. This responsibility shall extend until expiry of the Defects Liability Period.

ECO & Contractor



2.2.4 PROTECTION OF FAUNA


Agent

Under no circumstances shall any animals be handled, removed, killed or be interfered with by the Contractor, his employees, his subcontractors or his subcontractors’ employees.

The Contractor and his employees shall not bring any domesticated animals onto the site.

The Contractor shall ensure that the work site be kept clean, tidy and free of rubbish that would attract animals.

No poaching of fauna and flora shall be tolerated by the Contractor or his personnel on Site or elsewhere.

ECO & Contractor

2.2.5 HERITAGE AND/OR ARCHAEOLOGICAL SITES


Agent

Historical and Archaeological Sites: If any artefact on site is uncovered, work in the immediate vicinity shall be stopped immediately. The Contractor shall take reasonable precautions to prevent any person from removing or damaging any such article and shall immediately upon discovery thereof inform the ECO of such discovery. The South African Heritage Resources Agency (SAHRA) or the National Monuments Council shall be contacted such that an archaeological consultant can be appointed to excavate and record the site. Work may only resume once clearance is given in writing by the archaeologist. No stones/rock or any material may be removed from any site in the park without approval by the ECO, and after confirmation that materials do not form part of a cultural site.

ECO & Contractor

2.2.6 SOIL MANAGEMENT


Agent

Topsoil: The Contractor is required to strip topsoil together with grass / groundcover from all areas where permanent or temporary structures are located, construction related activities occur, and access roads are to be constructed, etc. This must be read together with the contract specifications & conditions. Topsoil must be stockpiled for later use.

ECO & Contractor

Topsoil is to be handled twice only - once to strip and stockpile, and secondly to replace, level, shape and scarify.

ECO & Contractor

Topsoil stockpiles are not to exceed 1.5 m in height and should be protected to prevent erosion where needed.

ECO & Contractor

Topsoil stockpiles are to be maintained in a weed free condition. The ECO can assist with guidance as to which plants are weeds and require removal.

ECO & Contractor

Topsoil is to be replaced by direct return where feasible (i.e. replaced immediately on the area where construction is complete), rather than stockpiling it for extended periods.

ECO & Contractor

Spoil Material:

The location of spoil stockpile sites shall be agreed upon by the ECO prior to the onset of any operations that will generate spoil materials. No spoil material shall be dumped outside the defined site. The Contractor shall ensure that the material does not blow or wash away. If the spoil material is in danger of being washed or blown away, the contractor shall cover it with a suitable material, such as hessian or plastic.

ECO & Contractor

2.2.7 EROSION CONTROL


Agent

The Contractor shall protect all areas susceptible to erosion and shall take measures, to the approval of the ECO. The Contractor shall not allow erosion to develop on a large scale before effecting repairs and all erosion damage shall be repaired as soon as possible.

ECO & Contractor

The specifics of erosion protection work will vary from situation to situation. These specifics should be cleared with the Park Manager and/or ECO and comply with the contract specifications.

ECO & Contractor

Where required, cut-off trenches can be installed to divert substantial run-off and prevent erosion.

ECO & Contractor

During construction, areas susceptible to erosion must be protected by installing temporary or permanent drainage works and energy dispersion mechanisms and could include – to be agreed to by SANParks and Contractor and with considerations of implications on costs:

Vegetation,

Mitre drains (afleivore),

Benches (grondwalle),

ECO & Contractor



Benches consisting of sandbags,

Packing branches and rocks in small gullies and disturbed areas.

Storm water drainage measures are required on site to control runoff and prevent erosion. ECO & Contractor

2.2.8 SLOPE PROTECTION


Agent

Cut and fill slopes shall be shaped and trimmed to approximate the natural condition and contours as closely as possible and, where possible, be undulating. Levels incongruous to the surrounding landscape, shall be reshaped as per contract specifications.

ECO & Contractor

Slopes that need protection shall be identified by the ECO and the specifications needed must be established using the latest approved methods and technology.

ECO & Contractor

2.2.9 ACCESS ROADS


Agent

Construction staff may only use authorised paths and roads. ECO & Contractor

The proclaimed speed limit in the Park must be strictly adhered to. ECO & Contractor

ECO will monitor the conduct of drivers and report any negative impact to the contactor immediately.

ECO & Contractor

Construction roads must follow existing roads and tracks and should not be wider than necessary with a maximum width of 3 m. Should a wider road be required, this will require the approval of the ECO.

ECO & Contractor

If two-way traffic movement is to take place, passing bays are to be used where specified by the ECO to prevent access / detours into the surrounding areas. The drivers delivering construction materials to site are to be made aware of this. They may not drive off the road in order to allow another vehicle to pass.

ECO & Contractor

Continual use of dirt access roads by heavy machinery and increased transport loads means they will have to be carefully monitored and regularly graded as soon as potholes or rutting occurs.

ECO & Contractor

Upon completion of the construction period, the Contractor will ensure that the access roads are returned to a state no worse than prior to construction commencing.

ECO & Contractor

2.2.10 EXCAVATION, BACKFILLING AND TRENCHING


Agent

Where at all possible, excavations must not stand open longer than 2 days, and should preferably be opened and closed on the same day. They should not be permitted to stand open longer than a week under any circumstances. Excavations must be marked with tape to clearly demarcate the area and warn against access.

ECO & Contractor

Excavations must not be undertaken until such time that all required materials / services etc. are available on-site, to facilitate immediate laying of such services or the construction of subsurface infrastructure.

ECO & Contractor

Any such excavations should ideally be undertaken within the confines of an established construction site - i.e. a site that is either protected with a peripheral fence, or a site that has a regular / continual human presence. Failing this, regular daily inspections are essential.

ECO & Contractor

If need be, spread the rocks in as natural looking manner as possible in the veld. ECO & Contractor

Excess rocks and sand as a result of excavation activities is not to be dumped along next to construction site – rocks to be spread in a natural looking manner in the surrounding area.

ECO & Contractor

Removed soil is to be used to backfill areas where required (i.e. such as existing and un-rehabilitated gravel pits).

ECO & Contractor

Excavated material is to be stockpiled along the trench within the working servitude, unless otherwise authorised.

ECO & Contractor

Deficiency of backfill material will not be made up by excavation within the protected area. Where backfill material is deficient, it must be made up by importation from an approved borrow pit area.

ECO & Contractor

2.2.11 LEVELLING


Agent



Excess sand and soil resulting from levelling activities of the work area should be stored in low heaps either on the access road or already disturbed area.

Contractor

Excess topsoil is to be spread evenly over the area in a manner that blends in with the natural topography.

ECO & Contractor

Once heavy machinery has cleared the bulk of these material stockpiles, the disturbed areas should be levelled and cleared of any foreign material manually e.g. with spades. It is unacceptable to leave foreign material behind with the knowledge that it will become hidden amongst the rejuvenating vegetation with time.

ECO & Contractor

2.2.12 SAND EXTRACTION


Agent

This is a specialised and potentially environmentally impacting activity, which must be undertaken with the approval and overall management of the Park.

Contractor / SANParks

Regular inspections must be undertaken by the local Section Ranger and ECO to monitor and audit the effects and impacts of such removals.

ECO & Contractor

On completion of the sand-winning activity, the river bed will be rehabilitated to the satisfaction of the ECO and Section Ranger.

ECO & Contractor

2.2.13 STOCKPILING, HANDLING AND STORAGE OF BUILDING MATERIALS


Agent

Stockpiles and storage yards will be demarcated in areas already disturbed or where they will cause minimal disturbance.

ECO & Contractor

Clearly indicate which activities are to take place in which areas within the site e.g. the mixing of cement, stockpiling of materials etc. Limit these activities to single sites only. This may not always be possible for example for heaps of topsoil, but should definitely be the case for other building materials.

ECO & Contractor

Stockpiles of expensive materials such as cement bags should be such that they can easily be removed from the site over weekends or during rainy weather.

Contractor

Specific sites should be allocated for construction waste e.g. empty cement bags, discarded planks, etc. A low temporary fence may be erected around such a site in order to contain the waste and assist the effective removal thereof from the site.

ECO & Contractor

Old cement mixing bags will be placed in wind and spill proof containers as soon as they are empty. The Contractor will not allow closed, open or empty bags to lie around the site.

ECO & Contractor

The Contractor will ensure that all operations that involve the use of cement and concrete are carefully controlled.

ECO & Contractor

Concrete mixing may only take place in the construction camp or in agreed specific areas on site.

ECO & Contractor

Concrete may not be mixed directly on the ground. No mixed concrete may be deposited directly onto the ground prior to placing. A board or other suitable platform / surface is to be provided onto which the mixed concrete can be deposited whilst it waits placing.

ECO & Contractor

All visible remains of excess concrete will be deposited in a designated area awaiting removal to an approved landfill site.

ECO & Contractor

2.2.14 SERVICING AND RE-FUELLING OF CONSTRUCTION EQUIPMENT


Agent

All maintenance and repair work will be carried out at the main construction camp within an area designated for this purpose, equipped with necessary pollution containment measures.

ECO & Contractor

The ground under the servicing and refuelling areas must be protected against pollution caused by spills and / or tank overfills (bunded / lined).

ECO & Contractor

The Contractor may only change oil or lubricant at agreed and designated locations, except if there is a breakdown or emergency repair, and then any accidental spillages must be cleaned up / removed immediately.

ECO & Contractor

In such instances the Contractor will ensure that he has drip trays available to collect any oil or fluid.

ECO & Contractor

Construction vehicles are to be maintained in an acceptable state of repair. No vehicles or equipment with leaks or causing spills will be permitted to operate at any of the construction sites. These will be sent immediately back to the maintenance yard for repair.

ECO & Contractor

All equipment that leaks must be repaired immediately or must be removed from site. ECO & Contractor

Fuels required during construction must be stored in a central depot at the construction camp. This storage area should be located on a slab and be contained within a bund capable of containing at least the volume of one of the containers.

ECO & Contractor




Agent

Temporary fuel storage tanks and transfer areas also need to be located on an impervious surface adequately bunded to contain accidental spills. Appropriate run-off containment measures must be in place.

Contractor

2.2.15 SOLID WASTE MANAGEMENT


Agent

An adequate number of ‘scavenger proof’ refuse bins must be provided at the construction sites and at the construction camps.

ECO & Contractor

These bins must be provided with lids and an external closing mechanism to prevent their contents blowing out and must be scavenger-proof to prevent baboons and other animals that may be attracted to the waste.

ECO & Contractor

The Contractor will ensure that all personnel immediately deposit waste in the waste bins provided.

ECO & Contractor

All refuse and solid waste generated at all work sites will be stored in appropriate scavenger proof containment vessels at the relevant site and removed to the main construction camp, where the waste will be sorted and stored within a fenced waste storage area.

ECO & Contractor

All waste must be transported in an appropriate manner (e.g. plastic rubbish bags). ECO & Contractor

The Contactor may not dispose of any waste and / or construction debris by burning, or by burying.

ECO & Contractor

Discard all construction waste at a registered waste management facility / landfill site, particularly those wastes or products that could impact on surface or groundwater quality by leaching into or coming into contact with water.

ECO & Contractor

The contractor will maintain ‘good housekeeping’ practises as ensure that all work sites and construction camp are kept tidy and litter free.

ECO & Contractor

2.2.15 LIQUID WASTE MANAGEMENT


Agent

The Contractor must take reasonable precautions to prevent the pollution of the ground and / or water resources on and adjacent to the site as a result of his activities.

Contractor

The Contractor may discharge ‘clean’ silt laden water overland and allow this water to filter into the ground. However, he must ensure that he does not cause erosion as a result of any overland discharge.

ECO & Contractor

No natural watercourse is to be used for the cleaning of tools or any other apparatus. This includes for purposes of bathing, or the washing of clothes etc.

ECO & Contractor

All washing operations will take place off-site at a location where wastewater can be disposed of in an acceptable manner.

ECO & Contractor

Trucks delivering concrete may not be washed on site or anywhere inside the park. ECO & Contractor

No spills may be hosed down into a storm water drain or sewer, or into the surrounding natural environment.

ECO & Contractor

Adequate ablution facilities are to be provided at each construction site, conveniently located near to work areas to avoid localised water pollution from camp sewerage.

ECO & Contractor

All soil contaminated, for example by leaking machines, refuelling spills etc. is to be excavated to the depth of contaminant penetration, placed in 200 litre drums and removed to an appropriate landfill site.

ECO & Contractor

2.2.16 HAZARDOUS MATERIALS


Agent

The Contractor must comply with all national, regional and local legislation with regard to the storage, transport, use and disposal of petroleum, chemical, harmful and hazardous substances and materials.

Contractor

The Contractor will furthermore be responsible for the training and education of all personnel on site who will be handling the material about its proper use, handling and disposal.

Contractor

The Contractor will be responsible for establishing an emergency procedure for dealing with spills or releases of petroleum.

Contractor

Storage of all hazardous material is to be safe, tamper proof and under strict control. ECO & Contractor

Petroleum, chemical, harmful and hazardous waste throughout the site must be stored in appropriate, well maintained containers.

Contractor

Exercise extreme care with the handling of diesel and other toxic solvents so that spillage is minimised.

ECO & Contractor



Any accidental chemical / fuel spills to be corrected immediately. ECO & Contractor

Timber products should be treated off-site prior to use in construction. ECO & Contractor

Periodic on-site application of timber treatment products (for maintenance purposes) should take place with due care for the nature of the product (toxicity) and for potential spillages that may occur. Areas where timber is to be treated should have secondary containment measures instituted, such as the placement of a plastic layer (some form of covering) over soils, beneath the timber structures to prevent contamination of the soil surface.

ECO & Contractor

2.2.17 RUN-OFF FROM CONSTRUCTION CAMPS


Agent

The Contractor must ensure that rainwater containing pollutants does not run-off into natural areas and thus result in a pollution threat.

ECO/Contractor

A drainage diversion system is to be installed to divert runoff from areas of potential pollution, e.g. batching area, vehicle maintenance area, workshops, chemical and fuel stores, etc.

ECO/Contractor

2.2.18 FIRE


Agent

The Contractor must take all the necessary precautions to ensure that fires are not started as a result of activities on site.

Contractor

No fuels or chemicals may be stored under trees. ECO/Contractor

Gas and liquid fuel may not be stored in the same storage area. ECO/Contractor

The Contractor must ensure that there is adequate fire-fighting equipment at the fuel stores.

ECO/Contractor

No open fires for heating or cooking will be permitted on site, unless otherwise agreed and then only in designated areas.

Contractor

The Contractor will supply all living quarters, site offices, kitchen areas, workshop areas, material stores and any other areas identified with suitable, tested and approved fire fighting equipment.

Contractor

The construction site must be protected against fire, and a sufficient fire break must be constructed, on advice by the Section Ranger, around each construction site and the construction camp where necessary..

ECO/Contractor

2.2.19 DUST


Agent

The Contractor shall take precautions to the satisfaction of the ECO to limit the production of dust and damage caused by dust.

ECO/Contractor

2.2.20 NOISE


Agent

Machinery and vehicle silencer units are to be maintained in good working order. Offending machinery and / or vehicles will be banned from use on site until they have been repaired.

Contractor

Noise levels must be kept within acceptable limits for a protected area, and must not be of such nature as to detract from the natural experience of other visitors to the protected area.

Contractor

The contractor shall take into consideration that the project areas are located within a natural environment and that noise could be a major disturbance/nuisance for the fauna and visitors to the park. Project management should endeavour to keep noise generating activities associated with construction activities to a minimum and within working hours.

Contractor

2.2.21 VISUAL


Agent

Security lighting must be placed such that it is not a nuisance to residents and visitors to the area. Shields may be required to prevent lights from being visible from other parts of

ECO/Contractor




Agent

the protected area.

Care will be taken when positioning the lights to ensure the least visual impact, while still providing a safe work environment for construction staff.

ECO/Contractor

Should any construction activities take place where Park tourists can see the construction activities, then clear signboards must be erected to inform the tourists of the activity taking place. SANParks to provide boards. Contractor to erect boards as required.

Contractor

The Contractor shall not establish any activities which, in the opinion of the ECO, are likely to adversely affect the scenic quality of the area. The ECO may direct the Contractor to refrain from such activities or to take ameliorative actions to reduce the adverse effects of such activities.

ECO/Contractor

No painting or marking of natural features shall take place. Marking for surveying and other purposes shall only be done with pegs and beacons.

ECO/Contractor

All packed rock and exposed rock cuttings shall be treated in order to blend their colour with the colours of the natural weathered rocks of the adjacent environment.

ECO/Contractor

2.2.22 SITE CLEAN-UP AND REHABILITATION


Agent

The Contractor must ensure that all temporary structures, materials, waste and facilities used for construction activities are removed upon completion of the project.

Contractor / ECO

Fully rehabilitate (e.g. clear and clean area, rake, pack branches etc.) all disturbed areas and protect them from erosion.

Contractor / ECO

Only indigenous plants which are able to establish easily and will need less maintenance because they have already adapted to the local conditions should be considered.

Contractor / ECO

Before final decisions about the choice of plant species are taken the Section Ranger should be approached for their advice.

Contractor / ECO

2.3 MONITORING OF EMP IMPLEMENTATION

The correct and successful implementation of impact mitigation measures in order to reduce adverse impacts on environmental conditions needs to be ensured by a proper monitoring programme.

Monitoring of the general implementation of/adherence to the EMP, shall be the responsibility of the ECO. Reporting on adherence/compliance to stipulations as communicated to contractors, shall take place during scheduled site meetings.

2.3.1 Monitoring Form:

A list of environmental issues addressed in the EMP is drawn up. A tick box monitoring form is compiled which makes provision for compliance or non-compliance to the EMP requirements for each environmental issue. This monitoring form makes room for a brief description of the non-compliance(s). The issues identified on the monitoring form must be discussed in detail with the contractor and the Park Manager. A reasonable date of completion of the remedial action must be jointly agreed upon, between the contractor, ECO and Park Manager. This monitoring form must be signed by all parties and a copy be provided to the Park Manager.

The following Monitoring Form may serve as an example or point of departure.



Name:

Ref: Date:

Project:

ENVIRONMENTAL MONITORING CHECKLIST (NC = NON-COMPLIANCE, C = COMPLIANCE, NA = NOT APPLICABLE)

Item Rating Item Rating

1. Vehicular access and movement of construction vehicles

13. Stockpiling, handling and storage of

building materials

2. Movement of construction personnel, labourers and equipment

14. Servicing and re-fuelling of construction equipment

3. Vegetation clearing 15. Liquid waste management

4. Protection of fauna 16. Hazardous materials

5. Cultural and/or archaeological sites

17.

Run-off from construction camps

6. Soil management 18. Fire

7. Erosion control 19. Dust

8. Slope protection 20. Noise

9. Access roads 21. Visual

10. Excavation, backfilling and trenching

22. Site clean-up and rehabilitation

11. Levelling

12. Sand extraction

A. Others

Remedial Action on Non-compliance: (Action and Time Plan)

Close out:

Environmental Control Officer ______________ Name _________________ Date

Response required by:

Contractor _________________ Name _________________ Date

Comments: Records:

PARK MANAGER CONTRACTOR PROJECT MANAGER



Annexure C

Code of Conduct for working in the South African National Parks




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SOUTH AFRICAN NATIONAL PARKS

CODE OF CONDUCT FOR WORKING IN A NATIONAL PARK

OUTSIDE ORGANISATIONS WORKING TEMPORARILY IN A NATIONAL PARK




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CODE OF CONDUCT FOR PERSONNEL FROM OTHER ORGANISATIONS TEMPORARILY WORKING IN NATIONAL PARKS

1. INTRODUCTION

You will presently begin an important task in a national park, which is an area controlled by South African National Parks (SANParks). For obvious reasons your task must be completed in the shortest possible time and to accomplish this, there has to be co-operation at all levels between yourselves and personnel from SANParks.

In the past, you and your sub-ordinates worked in uncontrolled areas, but you are presently in a controlled area and furthermore in a national park.

As the name implies, the main objective with a national park is the protection, conservation and utilization of our heritage, in such a way to allow future generations to enjoy, appreciate and admire nature in its unspoiled state. This great endeavour can only be achieved if every individual who works in a national park admits to and accepts nature conservation as part of their heritage (daily life). Certain procedures were followed in the past to accomplish your tasks, but now you must accept that adaptations will have to be made to complete your task in a national park without disturbing the natural environment.

You will also be subjected to certain necessary restrictions during your stay and operations in a national park. Certain expectations will be made in accordance with your work commitments. Restrictions will be kept to a minimum, those that are enforced must please be respected and seen in a positive light to promote co-operation and to prevent any unpleasantness.

Depending on where you are resident while working in a national park, you are requested to discuss any problems you may encounter, with the Park Manager, (Section Ranger or the person in charge of Visitor Services). You can be assured that

these officials will do everything in their power to ensure that you have a pleasant and productive stay in the national park.

Please study and commit yourself to the attached Code of Conduct.

Any uncertainties must be cleared up with a SANParks’ official.

We wish you a pleasant and productive stay in our national parks.

2. PRINCIPLES WITH RESPECT TO BEHAVIOUR AND DISCIPLINE

All persons resident or working in a national park, are subject to the National Environmental Management Protected Areas Act 57 of 2003.

The following principles should be complied with at all times in a national park:

2.1 No prospecting or mining is allowed on any land forming part of a national park or protected area.

2.2 No person, except an employee authorised by SANParks may:

2.2.1 Enter or reside in a national park without permission;

2.2.2 Be in possession of an unsealed weapon, explosives, traps or poison in the park or convey the same into a park;

2.2.3 Hunt or kill an animal, collect, damage or destroy a bird’s nest or it’s eggs;

2.2.4 Purposely or negligently cause a veld fire or damage any object of geological, archaeological, historical,

ethnological or of any other scientific value to SANParks; 2.2.5 Bring any animal or pet into a national park or allow domestic animals to stray into a national park, if

found it will be confiscated and destroyed by an official;

2.2.6 Remove any animal (dead or alive) or parts thereof from the park (unless lawfully brought into the park);

2.2.7 Cut down trees or remove plants from a park or in any way damage any tree, plant or seeds;

2.2.8 Feed animals in national parks;




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2.2.9 Drive a vehicle without a licence or allow a minor to drive a vehicle under his control;

2.2.10 Spend the night anywhere in a national park, (other than in a designated area) except in a rest camp or private home, without the permission of SANParks;

2.2.11 Enter a national park in an:

Unlicensed (or unregistered) vehicles;

Enter or use any closed road (no entry); 2.2.12 Vehicles may not be driven recklessly or negligently in a national park.

2.2.13 All drivers must consider other drivers and all animals.

2.2.14 No person under the influence of alcohol or drugs may drive a vehicle in a national park or be in the

driver’s seat of a vehicle with the engine running.

2.2.15 Without special permission, no person may organize or perform public entertainment or fund-raising campaigns.

2.2.16 Angling in rivers or dams is prohibited.

2.2.17 Angling, where permitted, is only allowed from sunrise to sunset.

2.2.18 Swimming is prohibited at designated angling areas.

2.2.19 No person may damage property or endanger property belonging to SANParks.

2.2.20 No person may use a radio or musical instruments in such a way as to cause a disturbance to others.

2.2.21 No person may dispose of any article or rubble other than in containers provided by SANParks.

2.2.22 No person may remove sand, stone or wood without the permission of SANParks.

2.2.23 Unless issued with an official late permit, no one may travel from a rest camp or entry gate after gate

closing times. Permits are issued by the Park Manager or designated person after acceptance of a legitimate motivation.

2.2.24 The proclaimed speed limit in a national park must be strictly adhered to, except if and when

concessionary speed limits have been approved.

3. RESPONSIBILITIES TOWARDS NATURE CONSERVATION

3.1 Antiquities or objects of historical value which you may discover during your operation in a national park, are and remain

the property of SANParks. These items must be handed the Park Manager or designated person as soon as possible. Any person found possession of such articles, either to keep or sell, will be liable to prosecution.

3.1 No firewood may be collected or removed without the permission of a Nature Conservation official. Under no

circumstances will permission be granted to remove firewood from the park unless proof of sale from one of the shops can be produced.

3.2 Stone, sand and/or soil may not be remove from any area, unless permission has been granted by the Park Manager

or designated person. These products may only be removed from sites specified by the Park Manager. 3.3 On request, the Park Manager or local Section Ranger will point out to the foreman, the sites allowed for removal of

stone, sand and/or water for building or other purposes. No water may be taken from existing boreholes unless the Park Manager or designated person gives permission.

3.4 The removal, cutting down or damage to any living plant in a national park is illegal and may only be done with

permission. Where the construction of roads, buildings etc. necessitates the destroying of indigenous trees, shrubs or plants, it must be kept to an absolute minimum.

3.5 Gravel pits must, where at all possible, not be visible from any road. After construction, these gravel pits must be

rehabilitated as per contract document and/or Environmental Management Plan. 3.6 No animals may be killed in the park.




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3.7 Other than SANParks employees, personnel resident in a park, but not employed by SANParks, may only kill an animal in an emergency, to protect a life or property or when specifically authorized to do so by SANParks. A report of all animals killed and the circumstance surrounding if, must be sent to the Park Manager or designated person as soon as possible.

NB: Snakes may only be killed in residences, rest camps and living quarters if it cannot be captured and removed by a

knowledgeable person. Under no circumstances may poisonous or non-poisonous snakes be killed in the bush or elsewhere. Residents in a park are encouraged to study the poisonous and non-poisonous snake species for their own protection.

4. FIREARMS

Only authorized persons are allowed to possess firearms in a park. Firearms will only be allowed in exceptional circumstances, where an employee may need it in the execution of his duties and will be subject to certain strict conditions.

5. LITTER

All residents and work teams are expected to have proper respect towards the scenic beauty of a national park and not litter tins, paper etc. as well as construction debris, where new roads, bridges, dams or buildings are being constructed. It is the duty of the contractor and/or his supervisors to ensure that after completion of the projects, all litter is carted away. Under no circumstances may this litter be dumped in the bush or anywhere else. It is your responsibility to find out from the Park Manager or designated person if and where litter may be dumped. Littering is a serious offence and perpetrators can be prosecuted.

NB: After completion of any project, a contractor is required to obtain a report from the Park Manager declaring his

satisfaction with the condition of the terrain and immediate surroundings. 6. PETS

No dogs or other pets are allowed in a national park without written permission of the Executive Director: Parks.

7. PERSONNEL RELATIONS

7.1 Park Managers or any designated person are officials of the SANParks and are responsible for the enforcement of the Protected Areas Act 57, 2003 in their respective parks. To uphold the organisation’s authority, they have to be aware of all activities and especially extraordinary activities in their park. It is therefore not only a matter of courtesy but of necessity to report all activities to the Park Manager. It is very important that all new building activities, the construction of new roads, etc., be reported by the supervisor to the Park Manager. It is just as important to report the use of firebreak roads as well as unscheduled night trips to the Park Manager.

7.2 No person residing or working in a rest camp may leave the rest camp gate after gate closing times, without the

Park Manager’s or designated person’s permission.

8. TRAVELLING TIMES AND TRANSPORT MATTERS

8.1 All private and official trips within a national park, must be undertaken during daylight hours and permission to travel after-hours will only be given in emergencies, by the Park Manager or designated person.

8.2 No person (employee or visitor) may transport passengers on the back of an open vehicle within a national park,

unless in the execution of official duties. 9. ROAD RULES AND SPEED LIMITS

9.1 Road Rules

All personnel, whether in an official or private capacity, must ensure that their driving sets an example to other drivers. Although all people working in a park with the necessary approval, may drive at a faster speed than the tourists, they must do this as unobtrusively as possible by approaching another vehicle at a decreased speed, passing it and then accelerating slowly to the required speed. As soon as an oncoming vehicle is in sight, speed must once again be decreased until the vehicle is out of sight.

9.2 Speed limit for personnel




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All employees of SANParks, as well as employees from outside organisations with written consent working in a national park, may travel at a maximum speed of 50 km/h during the day and 50km/h at night regardless of the speed limit. These speed limits are applicable to all official trips and may only be exceeded in emergencies. Personnel and/or their spouses may also drive at 50 km/h during the day, whilst in their private vehicles en route to the entrance gate closest to their residence. During private trips in the rest of the park, the designated speed limit has to be adhered to as well as in all the rest camps and personnel villages.

Please take note that all transgressors of this privilege will be prosecuted in the same way as tourists who disregard the speed limit.

10. CONTROL AT ENTRANCE AND RESTCAMP GATES

When entering or leaving an entrance gate of a national park, you must identify yourself to the tourist officer in charge. No one may leave a rest camp after hours unless the Park Manager or designated person has granted permission and any one arriving after hours at a rest camp must report to the Park Manager or designated person.

11. ENTRANCE TO NO-ENTRY ROADS

Fire-break and patrol roads

Please take note that no one may drive along a fire-break or patrol road with a no-entry sign in their private capacity or along any road which has been closed in any way. Only the Park Manager or designated person may give permission to do so. When a fire-break or patrol road has to be used officially the Park Manager or designated person must preferable be given prior notice of the date and the route. If it is not possible to notify him, it must be done immediately on completion of the trip.

12. GUEST PRIVILEGES

Arrangements regarding guests must be made by the site supervisor with the Park Manager or designated person.

Only immediate family members (parents and children) will be allowed free access to a national park with the permission of the Park Manager or designated person.

13. GENERAL DISCIPLINE

It is the responsibility of every supervisor in a park to ensure that the following rules and regulations are brought to the attention of every employee under their supervision and to see that it is adhered to. 13.1 Every employee residing in living quarters in a rest camp or on a designated site must:

13.1.1 Obey all reasonable and lawful rules given by the Park Manager or designated person; 13.1.2 Reside only in specific quarters/designated site reserved for them; 13.1.3 Maintain cleanliness and sanitation in his place of residence.

13.2 No person residing, working or officially present in a park, is allowed to:

13.2.1 Accommodate any unauthorized person, assist him or give him permission to enter or live in any

designated living areas; 13.2.2 Behave in such a way as to be detrimental to maintaining discipline, order for health in such

living areas;

13.3 Without written permission from the Park Manager or designated person;

13.3.1 Keep live animals or poultry; 13.3.2 Excavate or have excavations made 13.3.3 Build or make any alterations to existing building;

13.4 In any way, either directly or indirectly, hinder any employee, Security Officer, Ranger or anyone authorised by the Park Manager, in the execution of their duties; inspections or any investigations deemed necessary or purposely hinder, obstruct, mislead or refuse to divulge information when requested to, or refuse to assist in any way or heed legitimate request or command.

13.5 Purposely disturb the peace by making a noise, shouting, screaming, arguing, causing violence or acting




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violently or improperly. 13.6 Enter or leave a Park or living quarters other than through the official gates. 13.7 Gamble in any way. 13.8 Defecate in a place or manner as to offend any other person. 13.9 Dispose of rubble or leftovers in any place other than in bins provided. 13.10 Aimlessly loiter or hang around near or in a rest camp or personnel accommodation at any time.

13.11 Introduce, brew or be in possession of alcohol.

13.12 Be in possession of habit forming drugs.

13.13 Be in possession of any fresh meat, especially raw venison or other animal products and, if required legally, it may not be transported out of the park without the necessary veterinary permits.

13.14 Hitch-hike in a national park.

13.15 Possess a firearm or any dangerous weapon without the necessary permission or permit.

13.16 Where work teams reside and work in the field, wander away from the work site or living quarters.

13.17 Temporary work teams (supervisors excluded) are not allowed to receive visitors in a national park.

13.18 It is the contractor’s responsibility to ascertain the rules and regulations laid down by SANParks.

14. MALARIA AND MALARIA CONTROL

Some of the national parks, e.g. Kruger National Park and Mapungubwe National Park are in an endemic malaria area and the residents are constantly exposed to the disease and must be aware of the fact.

Malaria is a potentially dangerous disease and if not treated timeously and correctly, can be fatal. It is therefore extremely important that all residents, their children and their employees take adequate preventative measure to protect themselves from disease. Malaria is a disease caused by small parasites, which destroy red blood corpuscles of an affected person. Parasites are transmitted from person to person by the Anopheles mosquitoes. Various types of malaria occur of which plasmodium falciparum is the most common and also the most dangerous.

The possibility of contracting the disease can be reduced by avoiding mosquito bites and taking prophylactics which prevent the development of parasites in the body. Please contact the local physician for precautionary measures or if you think you have malaria.




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C4 Site information




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C4 Site Information C4.1 DESCRIPTION OF THE SITE AND ACCESS

The site of the works is located within the Golden Gate Highlands National Park situated within the north eastern Free State. The site comprises of mainly four existing surfaced roads with an approximately length of 15km. These four roads are located within the GGHNP. Location and description of these are as per table below:

Road Link/Name Start End Distance km Surface Type

Oribi Loop Lat: -28.509653° Long: 28.638853°

Lat: -28.515881° Long: 28.640409°

4.20 km Bituminous type

Blesbok Loop Lat: -28.509574° Long: 28.624630°

Lat: -28.509581° Long: 28.637683°


Wilgenhof Access Lat: -28.501482° Long: 28.582328°

Lat: -28.497441° Long: 28.585301°


and Concrete

Basotho Cultural Village Access Lat: -28.472063° Long: 28.744686°

Lat: -28.487176° Long: 28.747103°


Access to the park can be gained by travelling either 21km east on the R712 Provincial road from Clarens or alternatively 55km west from Harrismith. C4.3 CLIMATE AND WORKING CONDITIONS

It is to be noted that the site is situated in a region with a high intensity summer rainfall where high wind speeds can also be expected. The summer months (November to April) have an average temperature of 20°C (highs of up to 31°C) with the winter months (May to October) on an approximate average of 5°C (lows of up to -10°C). Average annual rainfall is approximately 965mm. The park's altitude ranges from1719 to 2813 m above sea level, but the upper reaches are located within the inaccessible mountain peaks. Temperatures drop by about 6.5°C for every 1000m you climb, so wide climactic variations occur within the park.

Average Monthly Rainfall

January 158 July 14

February 122 August 27

March 116 September 48

April 76 October 103

May 44 November 127

June 16 December 139




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LOCALITY PLAN

Clarens

Harrismith Harrismith Harrismith

GGHNP




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ROADS LAYOUT